(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "gov.uscourts.dcd.116163"

Case1:05-cv-01458-UNA-AK Document 27 Filed 10/17/2006 Page 1 of 2 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



AHMED "DOE" (LAST NAME BEING 
UNKNOWN), e^ a/., 



Petitioners, 



GEORGE W. BUSH, 

President of the United States, 
et al, 



Respondents. 



Civil Action No. 05-CV-1458 (ESH) 



RESPONDENTS' NOTICE REGARDING FACTUAL RETURN TO 
PETITION FOR WRIT OF HABEAS CORPUS BY PETITIONER AHMED "DOE" 

Respondents hereby provide notice that, as of this date, respondents have been unable to 

identify petitioner Ahmed "Doe" as a detainee at Guantanamo Bay and, therefore, are presently 

unable to submit a factual return pertaining to this petitioner, as directed by the Court's August 

18, 2006 Minute Order. Counsel for respondents have requested additional identifying 

information from counsel for petitioner and, given the numerous names and aliases often used by 

Guantanamo Bay detainees, have not yet received any information that conclusively determines 

the identity of petitioner Ahmed "Doe." Respondents will continue these efforts in order to 

attempt to resolve the identification of petitioner, however, unless and until respondents are able 

to identify petitioner Ahmed "Doe," respondents are unable to submit a factual return pertaining 

to this petitioner.' 



' On December 30, 2005, the Detainee Treatment Act of 2005, Pub. L. No. 109-148, tit. 
X, 1 19 Stat. 2680 ("the DTA"), became law. The DTA, among other things, amends 28 U.S.C. 
§ 2241 and creates an exclusive review mechanism in the D.C. Circuit, applicable to pending 
cases, to address the validity of the detention of aliens held by the Department of Defense as 



Case1:05-cv-01458-UNA-AK Document 27 Filed 10/17/2006 Page 2 of 2 



Dated: October 17, 2006 Respectfully submitted, 

PETER D. KEISLER 
Assistant Attorney General 

DOUGLAS N. LETTER 
Terrorism Litigation Counsel 

/s/ Preeya M. Noronha 



JOSEPH H. HUNT (D.C. Bar No. 43 1 134) 

VINCENT M. GARVEY (D.C. Bar No. 127191) 

TERRY M. HENRY 

JAMES J. SCHWARTZ 

PREEYA M. NORONHA 

ROBERT J. KATERBERG 

NICHOLAS J. PATTERSON 

ANDREW I. WARDEN 

EDWARD H. WHITE 

Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

20 Massachusetts Ave., N.W. 

Washington, DC 20530 

Tel: (202)514-4107 

Fax: (202)616-8470 



Attorneys for Respondents 



enemy combatants at Guantanamo Bay, Cuba. The effect of the DTA on cases such as this, i.e. , 
the extent to which the vesting of exclusive review in the Court of Appeals deprives this Court of 
jurisdiction to proceed, remains pending before the Court of Appeals. Moreover, on October 17, 

2006, the Military Commissions Act of 2006, Pub. L. No. 109- (2006) ("the MCA"), became 

law. The MCA, among other things, amends 28 U.S.C. § 2241 to eliminate district court 
jurisdiction to consider habeas petitions, as well as any other action "relating to any aspect of the 
detention, transfer, treatment, trial, or conditions of confinement," of aliens detained by the 
United States as enemy combatants. See id^ § 7. The MCA expressly applies the amendment "to 
all cases, without exception, pending on or after the date of the enactment of this Act," which 
would include the above-captioned case, thereby unambiguously divesting this Court of 
jurisdiction over actions of this type. 

-2-