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 This motion was withdrawn on July 20, 2006.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