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.

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