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
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