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

Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 1 of 36 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



IN RE: 

GUANTANAMO BAY 
DETAINEE LITIGATION 



Misc. No. 08-442 (TFH) 

Civil Action No. 05-CV-2367 
(RWR) 



STATUS REPORT 

Pursuant to paragraph 1 of this Court's July 11, 2008 Scheduling Order, 
undersigned counsel for the respondents states the following status of this case: 

1) Mohammad Rahim, a national of Afghanistan, is the detainee-petitioner in 
this habeas corpus case. The petitioner is currently detained by the Armed Forces of the 
United States at Guantanamo Bay, Cuba, and is identified by Internment Serial Number 
1104. 

2) The Protective Order has been entered in this case. 

3) The detainee is represented in this petition by a next friend. The 
Protective Order was entered in this case, so counsel has had the opportunity to visit the 
petitioner and receive direct authorization to pursue the action. Because such 
authorization has not been filed, however, it is unknown whether the petitioner consents 
to this matter proceeding. Counsel should be required to demonstrate direct authorization 
from the petitioner before merits-related matters are scheduled in this case. 

. 4) A Combatant Status Review Tribunal ("CSRT") convened by the 
Department of Defense determined the petitioner to be an enemy combatant. The 
petitioner has not been approved for release or transfer from Guantanamo Bay by the 
Department of Defense. The petitioner has not been charged with crimes triable by 
military commission under the Military Commissions Act of 2006. 

5) The petitioner filed this petition for a writ of habeas corpus on 12/9/2005. 
The respondent has filed the CSRT record, styled as a "factual return," in this case. 



000241 



Case1:05-cv-01458-UNA-AK Document 47-6 Filed 07/18/2008 Page 2 of 36 



Dated: July 18,2008 Respectfully Submitted, 

GREGORY G. KATSAS 
Assistant Attorney General 

JOHN C. O'QUINN 

Deputy Assistant Attorney General 



/S/ Judry Subar 

JOSEPH H. HUNT (D.C. Bar No. 431 134) 

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

JUDRY L. SUBAR 

TERRY M. HENRY 

ANDREW I. WARDEN 

PAUL E. AHERN 

Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

20 Massachusetts Avenue N.W. 

Washington, DC 20530 

Tel: (202)514-3755 

Fax: (202)616-8470 

Attorneys for Respondents 



000242 



Case. 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 3 of 36 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



) 
IN RE: ) 



) Misc. No. 08-442 (TFH) 

GUANTANAMO BAY ) 

DETAINEE LITIGATION ) Civil Action No. 05-CV-23 7 1 (RCL) 
) 



STATUS REPORT 

Pursuant to paragraph 1 of this Court's July 11, 2008 Scheduling Order, undersigned 

counsel for the respondents states the following status of this case: 

1) Ahmad Mohammed Al Darbi, a national of Saudi Arabia, is the detainee- 
petitioner in this habeas corpus case. The petitioner is currently detained by the Armed Forces of 
the United States at Guantanamo Bay, Cuba, and is identified by Internment Serial Number 768. 

2) The Protective Order has been entered in this case. 

3) The detainee is represented in this petition by a next friend. The Protective Order 
was entered in this case, so counsel has had the opportunity to visit the petitioner and receive 
direct authorization to pursue the action. Because such authorization has not been filed, 
however, it is unknown whether the petitioner consents to this matter proceeding. Counsel 
should be required to demonstrate direct authorization from the petitioner before merits-related 
matters are scheduled in this case. 

4) A Combatant Status Review Tribunal ("CSRT") convened by the Department of 
Defense determined the petitioner to be an enemy combatant. The petitioner has not been 
approved for release or transfer from Guantanamo Bay by the Department of Defense. The 
petitioner has been charged with crimes triable by military commission under the Military 
Commissions Act of 2006. 

5) The petitioner filed this petition for a writ of habeas corpus on 12/12/2005. The 
respondent has not filed the CSRT record, styled as a "factual return," in this case. 



000243 



Case1:05-cv-01458-UNA-AK Document 47-6 Filed 07/18/2008 Page 4 of 36 



Dated: July 18,2008 Respectfully Submitted, 

GREGORY G. KATSAS 
Assistant Attorney General 

JOHN C. O'QUINN 

Deputy Assistant Attorney General 

/S/.Judrv Subar 

JOSEPH H. HUNT (D.C. Bar No. 431 134) 

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

JUDRYL. SUBAR 

TERRY M. HENRY 

ANDREW I. WARDEN 

PAULE.AHERN 

Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

20 Massachusetts Avenue N. W. 

Washington, DC 20530 

Tel: (202)514-3755 

Fax: (202)616-8470 

Attorneys for Respondents 



000244 



Case1:05-cv-01458-UNA-AK Document 47-6 Filed 07/18/2008 Page 5 of 36 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



IN RE: 

GUANTANAMO BAY 
DETAINEE LITIGATION 



Misc. No. 08-442 (TFH) 

Civil Action Nos. 05-CV-2378 (JDB); 
05-CV-2386 (RBW) 



STATUS REPORT 

Pursuant to paragraph 1 of this Court's July 11, 2008 Scheduling Order, undersigned 
counsel for the respondents states the following status of this case: 

1) Abdul Hamid Abdul Salam Al-Ghizzawi, a national of Libya, is the detainee- 
petitioner in this habeas corpus case. The petitioner is currently detained by the Armed Forces of 
the United States at Guantanamo Bay, Cuba, and is identified by Internment Serial Number 654. 
This petitioner appears in more than one petition pending before this Court, as captioned above. 1 
The respondents submit that the first petition filed is operative, and thus all later-filed petitions 
should be dismissed in accordance with the Joint Status Report filed with this Court. 

2) The Protective Order has been entered in this case. 

3) The detainee is represented in this petition by a next friend. The Protective Order 
was entered in this case, so counsel has had the opportunity to visit the petitioner and receive 
direct authorization to pursue the action. Because such authorization has not been filed, 
however, it is unknown whether the petitioner consents to this matter proceeding. Counsel 
should be required to demonstrate direct authorization from the petitioner before merits-related 
matters are scheduled in this case. 

4) A Combatant Status Review Tribunal ("CSRT") convened by the Department of 
Defense determined the petitioner to be an enemy combatant. The petitioner has not been 
approved for release or transfer from Guantanamo Bay by the Department of Defense. The 



1 Petitioner is identified as Abin Alhamed Abid Alsallam Alkesawi in the petition filed in 
Mohammon v. Bush, No. 05-cv-2386 (RBW). 



000245 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 6 of 36 



petitioner has not been charged with crimes triable by military commission under the Military 
Commissions Act of 2006. 

5) The petitioner filed this petition for a writ of habeas corpus on 1 2/1 2/2005 . The 
respondent has filed the CSRT record, styled as a "factual return," in this case. 

Dated: July 18,2008 Respectfully Submitted, 

GREGORY G. KATSAS 
Assistant Attorney General 

JOHN C. O'QUINN 

Deputy Assistant Attorney General 



/s/ Judry Subar 

JOSEPH H. HUNT (D.C. Bar No. 431 134) 

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

JUDRY L. SUBAR 

TERRY M. HENRY 

ANDREW I. WARDEN 

PAUL E. AHERN 

Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

20 Massachusetts Avenue N.W. 

Washington, DC 20530 

Tel: (202)514-3755 

Fax: (202)616-8470 

Attorneys for Respondents 



000246 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 7 of 36 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



IN RE: 

GUANTANAMO BAY 
DETAINEE LITIGATION 



Misc. No. 08-442 (TFH) 

Civil Action Nos. 05-CV-2379 (JR); 
05-CV-2385 (RMU) 



STATUS REPORT 

Pursuant to paragraph 1 of this Court's July 11, 2008 Scheduling Order, undersigned 
counsel for the respondents states the following status of this case: 

1) Adham Mohammed Ali Awad, a national of Yemen, is the detainee-petitioner in 
this habeas corpus case. The petitioner is currently detained by the Armed Forces of the United 
States at Guantanamo Bay, Cuba, and is identified by Internment Serial Number 88. This 
petitioner appears in more than one petition pending before this Court, as captioned above. 1 The 
respondents submit that the first petition filed is operative, and thus all later-filed petitions 
should be dismissed in accordance with the Joint Status Report filed with this Court. 

2) The Protective Order has been entered in this case. 

3) The detainee has directly authorized this petition. 

4) A Combatant Status Review Tribunal ("CSRT") convened by the Department of 
Defense determined the petitioner to be an enemy combatant. The petitioner has not been 
approved for release or transfer from Guantanamo Bay by the Department of Defense. The 
petitioner has not been charged with crimes triable by military commission under the Military 
Commissions Act of 2006. 

5) The petitioner filed this petition for a writ of habeas corpus on 12/12/2005. The 
respondent has not filed the CSRT record, styled as a "factual return," in this case. On April 5, 
2007 (dkt. no. 48, No. 05-CV-2379 (JR)), the Court dismissed the petition for lack of 



1 Petitioner is identified as Waqas Mohammed Ali Awad in the petition filed in Al Halmandy v. 
Bush, No. 05-cv-2385 (RMU). 



000247 



Case1:05-cv-01458-UNA-AK Document 47-6 Filed 07/18/2008 Page 8 of 36 



jurisdiction. Petitioner appealed, and on My 10, 2008, the Court of Appeals vacated the order of 
dismissal and remanded the case to this Court. Awad v. Bush., No. 07-5147 (D.C. Cir. July 10, 
2008). 

Dated: July 18,2008 Respectfully Submitted, 

GREGORY G. KATSAS 
Assistant Attorney General 

JOHN C. O'QUINN 

Deputy Assistant Attorney General 



I si Judry Subar 

JOSEPH H. HUNT (D.C. Bar No. 43 1 1 34) , 

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

JUDRY L. SUBAR 

TERRY M. HENRY 

ANDREW I. WARDEN 

PAUL E. AHERN 

Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

20 Massachusetts Avenue N.W. 

Washington, DC 20530 

Tel: (202)514-3755 

Fax: (202)616-8470 

Attorneys for Respondents 



000248 



Case1:05-cv-01458-UNA-AK Document 47-6 Filed 07/18/2008 Page 9 of 36 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



IN RE: 

GUANTANAMO BAY 
DETAINEE LITIGATION 



Misc. No. 08-442 (TFH) 

Civil Action Nos. 05-CV-2380 
(CKK); 05-CV-2385 (RMU); 
05-CV-2386 (RBW) 



STATUS REPORT 

Pursuant to paragraph 1 of this Court's July 11, 2008 Scheduling Order, 
undersigned counsel for the respondents states the following status of this case: 

1) Zakaria Al-Baidany, a national of Yemen, is the detainee-petitioner in this 
habeas corpus case. The petitioner is currently detained by the Armed Forces of the 
United States at Guantanamo Bay, Cuba, and is identified by Internment Serial Number 
1017. This petitioner appears in more than one petition pending before this Court, as 
captioned above. The respondents submit that the first petition filed is operative, and 
thus all later-filed petitions should be dismissed in accordance with the Joint Status 
Report filed with this Court. 

2) The Protective Order has been entered in this case. 

3) The detainee is represented in this petition by a next friend. The 
Protective Order was entered in this case, so counsel has had the opportunity to visit the 
petitioner and receive direct authorization to pursue the action. Because such 
authorization has not been filed, however, it is unknown whether the petitioner consents 
to this matter proceeding. Counsel should be required to demonstrate direct authorization 
from the petitioner before merits-related matters are scheduled in this case. 

4) A Combatant Status Review Tribunal ("CSRT") convened by the 
Department of Defense determined the petitioner to be an enemy combatant. The 
petitioner has not been approved for release or transfer from Guantanamo Bay by an 



000249 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 1 of 36 

Administrative Review Board. The petitioner has not been charged with crimes triable 
by military commission under the Military Commissions Act of 2006. 

5) The petitioner filed this petition for a writ of habeas corpus on 12/12/2005. 
The respondent has not filed the CSRT record, styled as a "factual return," in this case. 

Dated: July 18,2008 Respectfully Submitted, 

GREGORY G. KATSAS 
Assistant Attorney General 

JOHN C. O'QUINN 

Deputy Assistant Attorney General 

I si Judry L. Subar 



JOSEPH H. HUNT (D.C. Bar No. 431134) 

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

JUDRY L. SUBAR 

TERRY M. HENRY 

ANDREW I. WARDEN 

PAUL E. AHERN 

Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

20 Massachusetts Avenue N.W. 

Washington, DC 20530 

Tel: (202)514-3755 

Fax: (202)616-8470 



Attorneys for Respondents 



000250 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 1 1 of 36 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



IN RE: 

GUANTANAMO BAY 
DETAINEE LITIGATION 



Misc. No. 08-442 (TFH) 

Civil Action Nos. 05-CV-2384 
(RWR); 05-CV-2386 (RMU) 



STATUS REPORT 

Pursuant to paragraph 1 of this Court's July 1 1, 2008 Scheduling Order, 
undersigned counsel for the respondents states the following status of this case: 

1) Saad Al Qahtaani, a national of Saudi Arabia, is the detainee-petitioner in 
this habeas corpus case. The petitioner is currently detained by the Armed Forces of the 
United States at Guantanamo Bay, Cuba, and is identified by Internment Serial Number 
200. This petitioner appears in more than one petition pending before this Court, as 
captioned above. The respondents submit that the first petition filed is operative, and 
thus all later-filed petitions should be dismissed in accordance with the Joint Status 
Report filed with this Court. 

2) The Protective Order has been entered in this case. 

3) The detainee is represented in this petition by a next friend. The 
Protective Order was entered in this case, so counsel has had the opportunity to visit the 
petitioner and receive direct authorization to pursue the action. Because such 
authorization has not been filed, however, it is unknown whether the petitioner consents 
to this matter proceeding. Counsel should be required to demonstrate direct authorization 
from the petitioner before merits-related matters are scheduled in this case. 

4) A Combatant Status Review Tribunal ("CSRT") convened by the 
Department of Defense determined the petitioner to be an enemy combatant. The 
petitioner has not been approved for release or transfer from Guantanamo Bay by the 



000251 



Case1:05-cv-01458-UNA-AK Document 47-6 Filed 07/18/2008 Page 12 of 36 

Department of Defense. The petitioner has not been charged with crimes triable by 
military commission under the Military Commissions Act of 2006. 

5) The petitioner filed this petition for a writ of habeas corpus on 12/1 3/2005. 
The respondent has filed the CSRT record, styled as a "factual return," in this case. 

Dated: July 18, 2008 Respectfully Submitted, 

GREGORY G. KATSAS 
Assistant Attorney General 

JOHN C. O'QUINN 

Deputy Assistant Attorney General 

/S/ Judrv Subar 



JOSEPH H. HUNT (D.C. Bar No. 431 134) 

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

JUDRY L. SUBAR 

TERRY M. HENRY 

ANDREW I. WARDEN 

PAUL E. AHERN 

Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

20 Massachusetts Avenue NW. 

Washington, DC 20530 

Tel: (202)514-3755 

Fax: (202)616-8470 



Attorneys for Respondents 



000252 



Case 1 :05-cv-01 458-UN A-AK Document 47-6 Filed 07/1 8/2008 Page 1 3 of 36 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



IN RE: 

GUANTANAMO BAY 
DETAINEE LITIGATION 



Misc. No. 08-442 (TFH) 

Civil Action Nos. 05-CV-2384 
(RWR) 



STATUS REPORT 

Pursuant to paragraph 1 of this Court's July 11, 2008 Scheduling Order, 
undersigned counsel for the respondents states the following status of this case: 

1) Mohammed Zahrani, a national of Saudi Arabia, is the detainee-petitioner 
in this habeas corpus case. The petitioner is currently detained by the Armed Forces of 
the United States at Guantanamo Bay, Cuba, and is identified by Internment Serial 
Number 713. 

2) The Protective Order has been entered in this case. 

3) The detainee is represented in this petition by a next friend. The 
Protective Order was entered in this case, so counsel has had the opportunity to visit the 
petitioner and receive direct authorization to pursue the action. Because such 
authorization has not been filed, however, it is unknown whether the petitioner consents 
to this matter proceeding. Counsel should be required to demonstrate direct authorization 
from the petitioner before merits-related matters are scheduled in this case. 

4) A Combatant Status Review Tribunal ("CSRT") convened by the 
Department of Defense determined the petitioner to be an enemy combatant. The 
petitioner has not been approved for release or transfer from Guantanamo Bay by the 
Department of Defense. The petitioner has not been charged with crimes triable by 
military commission under the Military Commissions Act of 2006. 



000253 



Case 1:05-cv-01458-UNA-AK Document 47-6 Filed 07/18/2008 Page 14 of 36 

5) The petitioner filed this petition for a writ of habeas corpus on 1 2/1 3/2005 . 
The respondent has not filed the CSRT record, styled as a "factual return," for this 
petitoner. 



Dated: July 18, 2008 



Respectfully Submitted, 

GREGORY G. KATSAS 
Assistant Attorney General - 

JOHN C. O'QUINN 

Deputy Assistant Attorney General 



/S/ Judry Subar . 

JOSEPH H. HUNT (D.C. Bar No. 431134) 

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

JUDRY L. SUBAR 

TERRY M. HENRY 

ANDREW I. WARDEN 

PAUL E. AHERN 

Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

20 Massachusetts Avenue N.W. 

Washington, DC 20530 

Tel: (202)514-3755 

Fax: (202)616-8470 

Attorneys for Respondents 



000254 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 1 5 of 36 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



IN RE: 

GUANTANAMO BAY 
DETAINEE LITIGATION 



Misc. No. 08-442 (TFH) 

Civil Action No. 05-CV-2385 (RMU) 



RESPONDENTS' STATUS REPORT AND 
RESPONSE TO COURT'S JULY 11. 2008 ORDER 

Respondents hereby submit this status report and response to the Court's July 11, 2008 
Order. 

BACKGROUND 

In late 2005, when enactment of Congressional legislation withdrawing the habeas 
jurisdiction of the federal courts to hear actions brought by or on behalf of aliens detained at 
Guantanamo Bay became imminent, a surge of petitions for writ of habeas corpus on behalf of 
Guantanamo detainees were filed in the district court. The above-captioned habeas action, filed 
on December 13, 2005, is one of these petitions. Unlike the majority of pending Guantanamo 
detainee habeas cases filed on behalf of only one or a few detainees, however, counsel elected to 
file this case on behalf of 63 named petitioners, typically unrelated except by virtue of alleged 
detention at Guantanamo Bay. 

As explained below, the petitioners in this case fall into four distinct categories: 1) 
petitioners whom respondents have not been able to identify as detainees at Guantanamo Bay; 2) 
petitioners who are currently detained at Guantanamo Bay and who have previously-filed 
petitions for writ of habeas corpus pending on their behalf; 3) petitioners who have been 
transferred from the custody of the United States and are no longer detained at Guantanamo Bay; 



000255 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 1 6 of 36 

and 4) petitioners whom respondents have identified as current detainees at Guantanamo Bay and 

who do not have previously-filed petitions pending on their behalf. 

STATUS OF PETITIONERS 

1, Petitioners Whom Respondents Have Been Unable to Identify as Detainees at 

Guantanamo Bay. 

Respondents have been unable to identify 34 petitioners in this case as current or former 

detainees at Guantanamo Bay. A list of these petitioners is included in the chart attached hereto 

as Exhibit A (listing petitioners in Case No. 08-MC-442 whom respondents cannot identify) 

Given the similar names and aliases of many of the approximately 270 individuals detained at 

Guantanamo Bay, and based on the minimal information about these petitioners provided in the 

petition, respondents have been unable to confirm the identities of these petitioners. In some 

cases, the information provided in the petition did not match or resemble information pertaining 

to any detainee at Guantanamo Bay. In other cases, the information provided in the petition 

matched or resembled information contained in respondents' records that pertains to multiple 

detainees; therefore, respondents were unable to determine conclusively on whose behalf habeas 

relief is purportedly being sought. Counsel for respondents and petitioners are in the process of 

conferring to resolve the identity situation for these petitioners. 

2. Petitioners Who Are Currently Detained At Guantanamo Bay And 

Who Have Previously-Filed Petitions for Writ of Habeas Corpus 
Pending On Their Behalf In District Court. 

Of the petitioners in this case whom respondents have been able to identify as detainees 

currently detained at Guantanamo Bay, approximately 16 have previously-filed habeas corpus 

petitions pending on their behalf or have chosen to pursue habeas relief in a later-filed case. 



000256 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 1 7 of 36 

These duplicate petitions are either pending in other habeas cases in the District Court, or in the 
above-captioned case, i.e., one detainee is named multiple times in the Halmandy petition. 
Pursuant to the Court's July 11, 2008 Order directing the parties to submit a joint status report on 
July 21, 2008, identifying all duplicate petitions that were filed on behalf of a single individual in 
the coordinated cases in Misc. No. 08-MC-442, counsel for respondents and petitioners will 
report on the status of the duplicate petitioners in the joint report. 

3. Petitioners Who Have Been Transferred from the Custody of the United 
States and Are No Longer Detained at Guantanamo Bay 

Of the petitioners whom respondents have been able to identify, 10 have been transferred 

from the custody of the United States and are no longer detained at Guantanamo Bay. A list of 

these petitioners is included in the chart attached hereto as Exhibit B (listing petitioners in Case 

No. 08-MC-442 who are no longer detained at Guantanamo Bay and noting existence of 

duplicate petition, if any). Because these petitioners are no longer within the custody of the 

United States, the petitions for writ of habeas corpus filed on their behalf are moot and should, 

therefore, be dismissed. 1 

4. Petitioners Whom Respondents Have Identified as Detainees at Guantanamo 
Bay and Who Do Not Have Apparent Previously-Filed Petitions Pending on 
Their Behalf in District Court 

Of the petitioners whom respondents have been able to identify, 4 are currently detained 

at Guantanamo Bay and do not have duplicate petitions pending on their behalf. A list of these 

petitioners is below: 



1 Additionally, those petitioners noted on the chart as having a duplicate, earlier-filed 
habeas petition pending on their behalf in another case should be dismissed from this case. 



000257 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 1 8 of 36 





Petitioner 


ISN 


Petition 
Citation 


Nationality 


1. 


Sabry Mohammed 


570 


155 


Yemen 


2. 


Muhammed Saad Iqbal Madni 


743 


118 


Pakistan 


3. 


Saki Bacha 2 


900 


P 


Afghanistan 


4. 


Mohammed Kameen 3 


1045 


V 


Afghanistan 



Combatant Status Review Tribunals ("CSRT") convened by the Department of Defense 
have determined that all of the petitioners listed in the above table are enemy combatants. Two 
of the petitioners have been charged with crimes triable by military commission under the 
Military Commissions Act of 2006. None of the petitioners have been approved for release or 
transfer from Guantanamo Bay by the Department of Defense. 

Respondents note that the petition in this case does not allege that it was authorized by 
the petitioners seeking relief, but was instead filed purportedly on petitioners' behalf by an 
attorney seeking to anoint herself as the "next friend" for all 63 petitioners. See Petition For Writ 
Of Habeas Corpus (dkt. no. 1), Declaration of Barbara Olshansky. Because direct authorizations 
to pursue this action have not been filed With the Court, it is unknown whether the petitioners 
consent to this matter proceeding. Counsel should be required to demonstrate direct 
authorizations from the petitioners before merits-related proceedings are scheduled in this case. 
Respondents reserve the right to challenge such authorizations as well as the legal basis for Ms. 



2 Petitioner Bacha has been charged with crimes triable by military commission under the 
Military Commissions Act of 2006. See 
http://www.defenselink.mil/news/commissionsmohammedl.html. 

3 Petitoner Kameen has been charged with crimes triable by military commission under 
the Military Commissions Act of 2006. See 
http://www.defenselink.mil/news/commissionsKamin.html. 



000258 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 1 9 of 36 

Olshansky to act as a next friend in this matter. See, e.g., Whitmore v. Arkansas, 495 U.S. 149 
(1990); John Does 1-570 v. Bush, 2006 WL 3096685 (D.D.C. Oct. 31, 2006). 

Dated: July 1 8, 2008 Respectfully submitted, 

GREGORY G. KATSAS 
Assistant Attorney General 

JOHN C. O'QUINN 

Deputy Assistant Attorney General 

Is/ Judrv Subar 



JOSEPH H. HUNT (D.C. Bar No. 431134) 

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

JUDRY L. SUBAR 

TERRY M. HENRY 

ANDREW I. WARDEN 

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 



000259 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 20 of 36 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



IN RE: 

GUANTANAMO BAY 
DETAINEE LITIGATION 



Misc. No. 08-442 (TFH) 

Civil Action No. 05-CV-2386 (RBW) 



RESPONDENTS' STATUS REPORT AND 
RESPONSE TO COURT'S JULY 11. 2008 ORDER 

Respondents hereby submit this status report and response to the Court's July 11, 2008 
Order. 

BACKGROUND 

In late 2005, when enactment of Congressional legislation withdrawing the habeas 
jurisdiction of the federal courts to hear actions brought by or on behalf of aliens detained at 
Guantanamo Bay became imminent, a surge of petitions for writ of habeas corpus on behalf of 
Guantanamo detainees were filed in the district court. The above-captioned habeas action, filed 
on December 13, 2005, is one of these petitions. Unlike the majority of pending Guantanamo 
detainee habeas cases filed on behalf of only one or a few detainees, however, counsel elected to 
file this case on behalf of 168 named petitioners, typically unrelated except by virtue of alleged 
detention at Guantanamo Bay. 

As explained below, the petitioners in this case fall into four distinct categories: 1) 
petitioners whom respondents have not been able to identify as detainees at Guantanamo Bay; 2) 
petitioners who are currently detained at Guantanamo Bay and who have previously-filed 
petitions for writ of habeas corpus pending on their behalf; 3) petitioners who have been 
transferred from the custody of the United States and are no longer detained at Guantanamo Bay; 



000260 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 21 of 36 

and 4) petitioners whom respondents have identified as current detainees at Guantanamo Bay and 

who do not have previously-filed petitions pending on their behalf. 

STATUS OF PETITIONERS 

1. Petitioners Whom Respondents Have Been Unable to Identify as Detainees at 

Guantanamo Bay. 

Respondents have been unable to identify 51 petitioners in this case as current or former 

detainees at Guantanamo Bay. A list of these petitioners is included in the chart attached hereto 

as Exhibit A (listing petitioners in Case No. 08-MC-442 whom respondents cannot identify) 

Given the similar names and aliases of many of the approximately 270 individuals detained at 

Guantanamo Bay, and based on the minimal information about these petitioners provided in the 

petition, respondents have been unable to confirm the identities of these petitioners. In some 

cases, the information provided in the petition did not match or resemble information pertaining 

to any detainee at Guantanamo Bay. In other cases, the information provided in the petition 

matched or resembled information contained in respondents' records that pertains to multiple 

detainees; therefore, respondents were unable to determine conclusively on whose behalf habeas 

relief is purportedly being sought. To address this problem, on June 27, 2006, the Court ordered 

respondents to "notify the Court by July 26, 2006, of all petitioners named in this case whom 

they are unable to identify," and noted that "[a]ny petitioner whom the respondents indicate they 

are unable to identify shall have the opportunity to challenge the respondents' assertion that he 

cannot be identified." See dkt. No. 66. On July 26, 2006, pursuant to the Court's Order, 

respondents filed a status report notifying the Court of all petitioners in this case who (1) have 

previously-filed petitions for a writ of habeas corpus already pending on their behalf in other 



000261 



Case1:05-cv-01458-UNA-AK Document 47-6 Filed 07/18/2008 Page 22 of 36 

cases; and (2) have not been identified by respondents. See dkt. no. 109. Since the filing of that 

status report nearly two years ago, respondents have been able to identify some petitioners in this 

case based on additional information provided by petitioners' counsel. However, at present, 51 

petitioners have not been identified. Because petitioners have been on notice for nearly two 

years that respondents have not been able to identify these petitioners as Guantanamo Bay 

detainees, and petitioners have not provided additional information to resolve the identity 

situation, these 51 petitioners should be dismissed from this case. 

2. Petitioners Who Are Currently Detained At Guantanamo Bay And 

Who Have Previously-Filed Petitions for Writ of Habeas Corpus 
Pending On Their Behalf In District Court. 

Of the petitioners in this case whom respondents have been able to identify as detainees 

currently detained at Guantanamo Bay, approximately 47 have previously-filed habeas corpus 

petitions pending on their behalf or have chosen to pursue habeas relief in a later-filed case. 

These duplicate petitions are either pending in other habeas cases in the District Court, or in the 

above-captioned case, i. e. , one detainee is named multiple times in the Mohammon petition. 

Pursuant to the Court's July 11, 2008 Order directing the parties to submit a joint status report on 

July 21, 2008, identifying all duplicate petitions that were filed on behalf of a single individual in 

the coordinated cases in Misc. No. 08-MC-442, counsel for respondents and petitioners will 

report on the status of the duplicate petitioners in the joint report. 

3. Petitioners Who Have Been Transferred from the Custody of the United 

States and Are No Longer Detained at Guantanamo Bay 

Of the petitioners whom respondents have been able to identify, 41 have been transferred 

from the custody of the United States and are no longer detained at Guantanamo Bay. A list of 



000262 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 23 of 36 

these petitioners is included in the chart attached hereto as Exhibit B (listing petitioners in Case 

No. 08-MC-442 who are no longer detained at Guantanamo Bay and noting existence of 

duplicate petition, if any). Because these petitioners are no longer within the custody of the 

United States, the petitions for writ of habeas corpus filed on their behalf are moot and should, 

therefore, be dismissed. 1 

4. Petitioners Whom Respondents Have Identified as Detainees at Guantanamo 
Bay and Who Do Not Have Apparent Previously-Filed Petitions Pending on 
Their Behalf in District Court 

Of the petitioners whom respondents have been able to identify, 30 are currently detained 

at Guantanamo Bay and do not have duplicate petitions pending on their behalf. A list of these 

petitioners is below: 2 





Petitioner 


ISN 


Petition 
Citation 


Nationality 


Special Status 


1. 


Ahmed Omar 


30 


1318 


Yemen 




2. 


Alkhadr Abdullah Al 
Yafie 


34 


1266 


Yemen 


Approved for 
release/transfer 


3. 


Edress LNU 


35 


1107 


Yemen 




4. 


SaifUllah 


46 


1146 


Tunisia 


Approved for 
release/transfer 


5. 


Mohammed Al 
Palestini 


49 


115 


Palestine 


Approved for 
release/transfer 


6. 


Abd Al Zaher 


89 


125 


Azerbaijan 





1 Additionally, those petitioners noted on the chart as having a duplicate, earlier-filed 
habeas petition pending on their behalf in another case should be dismissed from this case. 

2 Respondents note that the petitions of the two Uighur petitioners listed below - 
Abdurahman LNU and Adel LNU - have been consolidated with other Uighur petitions before 
Judge Urbina. See Order, 08-MC-442 (dkt. no. 44). 



000263 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 24 of 36 





Petitioner 


ISN 


Petition 
Citation 


Nationality 


Special Status 


7. 


Adil LNU 


148 


1J150 


Tunisia 


Approved for 
release/transfer 


8. 


Sharaf Al Sanani 


170 


1109 . 


Yemen 




9. 


Abdul-Rahman Abdo 
Abdulghaith Sulaiman 


223 


1250 


Yemen 




10. 


Abdullah Bo Omer 
Hamza Yoyej 


257 


1246 


Tajikistan 




11. 


Abdurahman LNU 


281 


1230 


China (Uighur) 


Approved for 
release/transfer 


12. 


Abu Rawda 


326 


1214 


Syria 




13. 


Bilal LNU 


330 


1144 


Syria 




14. 


Mustafa Al Shamili 


434 


195 


Yemen 




15. 


Abdurahman LNU 


441 


If 160 


Yemen 




16. 


Jabbarov Oybek 
Jamolovich 


452 


1f330 


Algeria 


Approved for 
release/transfer 


17. 


Ali LNU 


455 


1156 


Uzbekistan 


Approved for 
release/transfer 


18. 


Mohammed Ahmed 
Saeed Hidar 


498 


1260 


Yemen 




19. 


Maher El Falesteny 


519 


1119 


Palestine 


Approved for 
release/transfer 


20. 


Adel LNU 


584 


1232 


China (Uighur) 


Approved for 
release/transfer 


21. 


Mohammed Abdullah 
Taha Mattan 


684 


113 


Palestine 




22. 


Abdal Razak Ali 


685 


1288 


Libya 




23. 


Abdulaziz LNU 


687 


1168 


Saudi Arabia 




24. 


Mohammed Ahmed 
Slam Al-Khateeb 


689 


1252 


Saudi Arabia 





000264 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 25 of 36 





Petitioner 


ISN 


Petition 
Citation 


Nationality 


Special Status 


25. 


Samir LNU 


707 


173 


Sudan 




26. 


Jamil Ahmad Saeed 


728 


t256 


Yemen 




27. 


Abdul Aziz Naji 


744 


H 270 


Algeria 




28. 


Tofiq Nasser Awadh 
Al Bihani 


893 


1 262 


Yemen 


( 


29. 


Sanad Ali Alkaliemi 


1453 


1172 


Yemen 




30. 


Shargowi LNU 


1457 


1170 


Yemen 





Combatant Status Review Tribunals ("CSRT") convened by the Department of Defense 
have determined that all of the petitioners listed in the above table are enemy combatants. None 
of the petitioners have been charged with crimes triable by military commission under the 
Military Commissions Act of 2006. Nine of the petitioners have been approved for release or 
transfer from Guantanamo Bay by the Department of Defense. 

Pursuant to the Court's June 27, 2006 Order, the Court has entered the Protective Order 
with respect to above-listed petitioners. See June 27, 2006 Order at 5. Even though the 
Protective Order is entered with regard to these petitioners, thereby allowing their counsel to 
have the opportunity to have privileged access to them, the petitioners are nonetheless 
represented in the petition by a next friend. Because direct authorizations to pursue this action 
have not been filed with the Court, it is unknown whether the petitioners consent to this matter 
proceeding. Counsel should be required to demonstrate direct authorization from the petitioners 
before merits-related proceedings are scheduled in this case. 



000265 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 26 of 36 



Dated: July 1 8, 2008 Respectfully submitted, 

GREGORY G. KATSAS 
Assistant Attorney General 

JOHN C. O'QUINN 

Deputy Assistant Attorney General 

/s/ Judry Subar 



JOSEPH H. HUNT (D.C. Bar No. 431134) 

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

JUDRY L. SUBAR 

TERRY M. HENRY 

ANDREW I. WARDEN 

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 



000266 



Case1:05-cv-01458-UNA-AK Document 47-6 Filed 07/18/2008 Page 27 of 36 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



) 
IN RE: ) 



■, ) Misc. No. 08-442 (TFH) 

GUANTANAMO BAY ) 

DETAINEE LITIGATION ) Civil Action No. 05-CV-2387 (RMC) 
) 



STATUS REPORT 

Pursuant to paragraph 1 of this Court's July 11, 2008 Scheduling Order, undersigned 
counsel for the respondents states the following status of this case: 

1) Jobran Saad Al-Quhtani, a national of Saudi Arabia, is the detainee-petitioner in 
this habeas corpus case. The petitioner is currently detained by the Armed Forces of the United 
States at Guantanamo Bay, Cuba, and is identified by Internment Serial Number 696. 

2) The Protective Order has not been entered in this case. 

3) The detainee is represented in this petition by a next-friend. Petitioner's counsel 
should be required to demonstrate direct authorization from the petitioner after the Protective 
Order is entered. 

4) A Combatant Status Review Tribunal ("CSRT") convened by the Department of 
Defense determined the petitioner to be an enemy combatant. The petitioner has not been 
approved for release or transfer from Guantanamo Bay by the Department of Defense. The 
petitioner has been charged with crimes triable by military commission under the Military 
Commissions Act of 2006. 

5) The petitioner filed this petition for a writ of habeas corpus on 12/12/2005. On 
May 10, 2007, the Court dismissed petitioner's petition for lack of subject matter jurisdiction 
[dkt #23] . Petitioner has not filed a notice of appeal of that dismissal order or moved for 
reconsideration of the dismissal order. Respondents do not oppose vacateur of the dismissal of 
the petition. 



000267 



Case1:05-cv-01458-UNA-AK Document 47-6 Filed 07/18/2008 Page 28 of 36 

6) The respondents have not filed the CSRT record, styled as a "factual return," in 
this case. 

Dated: July 18, 2008 Respectfully Submitted, 

GREGORY G. KATSAS 
Assistant Attorney General 

JOHN C. O'QUINN 

Deputy Assistant Attorney General 

f 1st Judry Subar 



JOSEPH H. HUNT (D.C. Bar No. 431134) 

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

JUDRY L. SUBAR 

TERRY M. HENRY 

ANDREW I. WARDEN 

PAUL E. AHERN 

Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

20 Massachusetts Avenue N.W. 

Washington, DC 20530 

Tel: (202)514-3755 

Fax: (202)616-8470 



Attorneys for Respondents 



000268 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 29 of 36 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



IN RE: 

GUANTANAMO BAY 
DETAINEE LITIGATION 



Misc. No. 08-442 (TFH) 

Civil Action No. 05-CV-2398 (ESH) 



STATUS REPORT 

Pursuant to paragraph 1 of this Court's July 11, 2008 Scheduling Order, 
undersigned counsel for the respondents states the following status of this case: 

1) Ali, a national of China, is the detainee-petitioner in this habeas corpus 
case. The petitioner is currently detained by the Armed Forces of the United States at 
Guantanamo Bay, Cuba, and is identified by Internment Serial Number 250. 

2) The Protective Order has been entered in this case. 

3) The detainee is represented in this petition by a next friend. The 
Protective Order was entered in this case, so counsel has had the opportunity to visit the 
petitioner and receive direct authorization to pursue the action. Because such 
authorization has not been filed, however, it is unknown whether the petitioner consents 
to this matter proceeding. Counsel should be required to demonstrate direct authorization 
from the petitioner before merits-related matters are scheduled in this case. 

4) A Combatant Status Review Tribunal ("CSRT") convened by the 
Department of Defense determined the petitioner to be an enemy combatant. The 
petitioner has been approved for release or transfer from Guantanamo Bay by an 
Administrative Review Board. The petitioner has not been charged with crimes triable 
by military commission under the Military Commissions Act of 2006. 

5) The petitioner filed this petition for a writ of habeas corpus on 12/14/2005. 
The respondent has filed the CSRT record, styled as a "factual return," in this case. 



000269 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 30 of 36 



Dated: July 18,2008 Respectfully Submitted, 

GREGORY G. KATSAS 
Assistant Attorney General 

JOHN C. O'QUINN 

Deputy Assistant Attorney General 

/s/ Paul G. Freeborne 

JOSEPH H. HUNT (D.C. Bar No. 431 134) 

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

JUDRY L. SUBAR 

TERRY M. HENRY 

ANDREW I. WARDEN 

PAUL E. AHERN 

Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

20 Massachusetts Avenue N.W. 

Washington, DC 20530 

Tel: (202)514-3755 

Fax: (202)616-8470 

Attorneys for Respondents 



000270 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 31 of 36 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



IN RE: 

GUANTANAMO BAY 
DETAINEE LITIGATION 



Misc. No. 08-442 (TFH) 

Civil Action No. 05-CV-2398 (ESH) 



STATUS REPORT 

Pursuant to paragraph 1 of this Court's July 11, 2008 Scheduling Order, 
undersigned counsel for the respondents states the following status of this case: 

1) Thabid, a national of China, is the detainee-petitioner in this habeas corpus 
case. The petitioner is currently detained by the Armed Forces of the United States at 
Guantanamo Bay, Cuba, and is identified by Internment Serial Number 289. 

2) The Protective Order has been entered in this case. 

3) The detainee is represented in this petition by a next friend. The 
Protective Order was entered in this case, so counsel has had the opportunity to visit the 
petitioner and receive direct authorization to pursue the action. Because such 
authorization has not been filed, however, it is unknown whether the petitioner consents 
to this matter proceeding. Counsel should be required to demonstrate direct authorization 
from the petitioner before merits-related matters are scheduled in this case. 

4) A Combatant Status Review Tribunal ("CSRT") convened by the 
Department of Defense determined the petitioner to be an enemy combatant. The 
petitioner has been approved for release or transfer from Guantanamo Bay by an 
Administrative Review Board. The petitioner has not been charged with crimes triable 
by military commission under the Military Commissions Act of 2006. 

5) The petitioner filed this petition for a writ of habeas corpus on 12/14/2005. 
The respondent has filed the CSRT record, styled as a "factual return," in this case. 



000271 



Case1:05-cv-01458-UNA-AK Document 47-6 Filed 07/18/2008 Page 32 of 36 



Dated: July 18,2008 Respectfully Submitted, 

GREGORY G. KATSAS 
Assistant Attorney General 



JOHN C. O'QUINN 

Deputy Assistant Attorney General 

I si Judry L. Subar 

JOSEPH H HUNT (D,C, Bar No. 431 134) 

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

JUDRY L. SUBAR 

TERRY M. HENRY 

ANDREW I. WARDEN 

PAUL E. AHERN 

Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

20 Massachusetts Avenue N.W. 

Washington, DC 20530 

Tel: (202)514-3755 

Fax: (202)616-8470 

Attorneys for Respondents 



000272 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 33 of 36 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



IN RE: 

GUANTANAMO BAY 
DETAINEE LITIGATION 



Misc. No. 08-442 (TFH) 

Civil Action Nos. 05-CV-2479 (HHK); 
05-CV-2010 (JR) 



STATUS REPORT 

Pursuant to paragraph 1 of this Court's July 11, 2008 Scheduling Order, undersigned 
counsel for the respondents states the following status of this case: 

1) Ravil Mingaza Gamil, a national of Russia, is the detainee-petitioner in this 
habeas corpus case. The petitioner is currently detained by the Armed Forces of the United 
States at Guantanamo Bay, Cuba, and is identified by Internment Serial Number 702. This 
petitioner appears in more than one petition pending before this Court, as captioned above. 1 By 
minute order on January 1 1, 2007, the Court transferred the earlier-filed case, Gamil v. Bush, 05- 
cv-2010 (JR), and consolidated it into the later-filed case, Al-Harbi v. Bush, No. 05-CV-2479 
(HHK). 

2) The Protective Order has been entered in this case. 

3) The detainee has directly authorized this petition. 

4) A Combatant Status Review Tribunal ("CSRT") convened by the Department of 
Defense determined the petitioner to be an enemy combatant. The petitioner has not been 
approved for release or transfer from Guantanamo Bay by the Department of Defense. The 
petitioner has not been charged with crimes triable by military commission under the Military 
Commissions Act of 2006. 

5) The petitioner filed this petition for a writ of habeas corpus on December 28, 
2005. The respondent has not filed the CSRT record, styled as a "factual return," in this case. 



1 Petitioner is identified as Ravil Mingazov in the petition filed in Al-Harbi v. Bush, 05-cv-2479 
(HHK). 



000273 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 34 of 36 



Dated: July 18, 2008 Respectfully Submitted, 

GREGORY G. KATSAS 
Assistant Attorney General 

JOHN C. O'QUINN 

Deputy Assistant Attorney General 



I si Judry Subar 

JOSEPH H. HUNT (D.C. Bar No. 431134) 

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

JUDRY L. SUBAR 

TERRY M. HENRY 

ANDREW I. WARDEN 

PAUL E. AHERN 

Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

20 Massachusetts Avenue N.W. 

Washington, DC 20530 

Tel: (202)514-3755 

Fax: (202)616-8470 

Attorneys for Respondents 



000274 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 35 of 36 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



) 
IN RE: ) 



) Misc. No. 08-442 (TFH) 

GUANTANAMO BAY ) 

DETAINEE LITIGATION ) Civil Action No. 05-CV-2479 (HHK) 
) 



STATUS REPORT 

Pursuant to paragraph 1 of this Court's July 11, 2008 Scheduling Order, undersigned 
counsel for the respondents states the following status of this case: 

1) Zainulabidin Merozhev, a national of Tajikistan, is the detainee-petitioner in this 
habeas corpus case. The petitioner is currently detained by the Armed Forces of the United 
States at Guantanamo Bay, Cuba, and is identified by Internment Serial Number 1095. 

2) The Protective Order has been entered in this case. 

3) The petitioner has provided a direct authorization of representation. 

4) A Combatant Status Review Tribunal ("CSRT") convened by the Department of 
Defense determined the petitioner to be an enemy combatant. The petitioner has not been 
approved for release or transfer from Guantanamo Bay by the Department of Defense. The 
petitioner has not been charged with crimes triable by military commission under the Military 
Commissions Act of 2006. 

5) The petitioner filed this petition for a writ of habeas corpus on 12/28/2005. The 
respondent has not filed the CSRT record, styled as a "factual return," in this case. 

Dated: July 18, 2008 Respectfully Submitted, 

GREGORY G. KATSAS 
Assistant Attorney General 

JOHN C. O'QUINN 

Deputy Assistant Attorney General 



000275 



Case 1 :05-cv-01 458-UNA-AK Document 47-6 Filed 07/1 8/2008 Page 36 of 36 



Is/ ' Judry Subar 



JOSEPH H. HUNT (D.C. Bar No. 431 134) 

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

JUDRY L. SUBAR 

TERRY M. HENRY 

ANDREW I. WARDEN 

PAUL E. AHERN 

Attorneys 

TTnit<»/-l Statue T^nartm^nt nf Tnotir"f» 

V 111 IVU u l-Mivw J-f VUMl U111V11V ui u v»k/uvv 

Civil Division, Federal Programs Branch 
20 Massachusetts Avenue N.W. 
Washington, DC 20530 
Tel: (202)514-3755 
Fax: (202)616-8470 



Attorneys for Respondents 



000276