Deleted:Al Hami v. Bush

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Al Hami v. Bush (Civil Action No. 05-cv-0359) is a writ of habeas corpus filed on behalf of Guantanamo captives including Rafiq Bin Bashir Bin Jalud Al Hami and Lufti Bin Ali, before US District Court Judge Gladys Kessler.[1]

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.[2]

Boumediene v. Bush

On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".[3]

Re-initiation

On 22 July 2008 United States Department of Justice official Paul A. Dean filed a "Respondents' motion to stay as to petitioners' motion for summary judgment" with regard to Rafiq Bin Bashir Bin Jallul Alhami and Mohammed Abdul Rahman in Civil Action No. 05-cv-0359 (GK).[4] Dean wrote:

"Respondents hereby move for a stay of any obligation to respond to Petitioners Rafiq Bin Bashir Bin Jallul Alhami’s and Mohammed Abdul Rahman’s (petitioners) motion for summary judgment. As discussed below, the instant proceeding is currently subject to a stay, with exceptions not applicable here, which has yet to be lifted."

References

  1. "Respondents' response to Court's August 7, 2006 order". United States Department of Defense. August 15, 2006. Archived from the original on 2008-06-27. http://web.archive.org/web/20080627111630/http://www.pegc.us/archive/OK_v_Bush/govt_resp_to_GK_20060815.pdf. Retrieved 2008-06-23.  mirror
  2. Peter D. Keisler, Douglas N. Letter (2006-10-16). "NOTICE OF MILITARY COMMISSIONS ACT OF 2006". United States Department of Justice. http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf. Retrieved 2008-09-30.  mirror
  3. Farah Stockman (2008-10-24). "Lawyers debate 'enemy combatant'". Boston Globe. http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/. Retrieved 2008-10-24.  mirror
  4. Paul A. Dean (2008-07-22). "Guantanamo Bay Detainee Litigation: Doc 177 -- Respondents' motion to stay as to petitioners' motion for summary judgment". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/177/0.pdf. Retrieved 2008-12-24. 

External links