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

Case 1 :05-cv-01 458-UNA-AK Document 46 Filed 07/1 8/2008 Page 1 of 3 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



) 
In Re: Guantanamo Bay ) Misc. No. 08-442 (TFH) 

Detainee Litigation ) 

) 

) 

Ahmed "Doe", et al, ) 

) 
Petitioner, ) 



) Case No. 05-CV-1458 (ESH-AK) 

) 



) 
George W. Bush, ) 

President of the United States, et al., ) 

) 
Respondents. ) 

) 



STATUS REPORT ON BEHALF OF 
PETITIONER AHMED DOE 



Submitted By: 



Kevin G. Boris 

RUPRECHT, HART & WEEKS, LLP 

306 Main Street 

Millburn,NJ 07041 

Tel: (973) 379 2400 

Fax: (973) 379 2446 



Case 1 :05-cv-01 458-UNA-AK Document 46 Filed 07/1 8/2008 Page 2 of 3 



The petitioner, through counsel, submits the following status report pursuant to the Court's 
Scheduling Order dated July 11, 2008. 



PROCEDURAL HISTORY 

On July 26, 2005, Petitioner Ahmed "Doe" through his next friend Omar Deghayes 
("Petitioners") filed a petition for Writ of Habeas Corpus. On August 3 1 , 2005, Respondents filed 
a Motion for Order to Show Cause Why Case Should Not Be Dismissed for Lack of Proper "Next 
Friend" Standing or, in the Alternative, to Stay Proceedings Pending Related Appeals. On 
November 4, 2005, the Honorable Louis F. Oberdorfer, U.S.D.J., granted Respondents' Motion for 
Order to Show Cause and set the matter down for hearing. On December 5, 2005, Judge Oberdorfer 
entered an order, without objection, that the hearing would be continued pending further order. On 
March 29, 2006, Petitioners filed a motion seeking the entry of the Protective Order. On March 3 1 , 
2006, the Honorable Ellen S. Huvelle, U.S.D.J. entered an order that all pending motions denying 
all pending motions without prejudice until such time the question of this Court's jurisdiction to 
adjudicate these cases is resolved, and staying the case pending the resolution of this Court's 
jurisdiction. On July 7, 2006, Respondents filed a motion for procedures related to review of certain 
detainee materials. This motion was withdrawn on July 20, 2006. On July 2 1 , 2006, Respondents 
renewed their motion seeking entry of the Protective Order. On July 27, 2006, Judge Huvelle 
granted Petitioners renewed motion for entry of the Protective Order. On April 19, 2007, 
Respondents filed a motion to dismiss. On July 5, 2007, Judge Huvelle denied without prejudice 
Respondents motion to dismiss. On July 2, 2008, Judge Huvelle entered an order transferring this 
case to the Honorable Thomas F. Hogan, U.S.D.J., for coordination and management. 

FACTUAL HISTORY 

Ahmed Doe is a citizen of Libya. Upon information and belief, Ahmed Doe previously 
resided in Tripoli, Libya. 

Respondents have not filed a factual return, nor have they been able to positively identify 
Ahmed Doe. Respondents have not provided an ISN for Ahmed Doe. Due to the problems 
concerning Ahmed Doe's identity, Petitioner's counsel is not in possession of further factual 
information concerning Ahmed Doe'. 



On July 14, 2008, undersigned counsel contacted counsel for the Respondents seeking to 
confirm the identity of Ahmed Doe due to the belief that Ahmed Doe's true identity may in fact be 
Sofian Ebrahim Hamad Hamoodah. Respondents were unable to confirm or deny Ahmed Doe's 
identity. 

1 



Case 1 :05-cv-01 458-UNA-AK Document 46 Filed 07/1 8/2008 Page 3 of 3 



PENDING ISSUES 

Respondents have not filed a Factual Return. Petitioner requests an order from this Court 
requiring the government to file a return, so full investigation of the facts of this matter can be 
known. 

Petitioners request that the Court hold a status conference so that the parties may discuss 
issues that have arisen out of the within status report and/or future scheduling matters. 

Petitioners request that Respondents be compelled to provide any and all identifying 
information to clarify the correct identity of Ahmed Doe. 



Dated this 18" 1 day of July, 2008. 



Respectfully submitted, 



Kevin G. Boris 

RUPRECHT, HART & WEEKS, LLP 

306 Main Street 

Millburn, NJ 07041 



iy: 



/s/ Kevin G. Boris