Jamil El-Banna v. George W. Bush

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El Banna v. Bush (Civil Action No. 04-cv-1144) is a writ of habeas corpus that was submitted on behalf of Guantanamo captive Jamil al-Banna, Bisher Al Rawi and Martin Mubanga.[1][2][3][4] They were also United Kingdom citizens, or residents.

George Brent Mickum was the lead counsel in this petition.[5]

cases amalgamated with El Banna v. Bush[6]
isn name notes
905 Jamil El-Banna
  • Lead petitioner in the case.
  • Not "captured on the battlefield". Apprehended in Gambia, while on a business trip with his friend Bisher Al-Rawi.
  • Was first held and interrogated in a CIA safe house in Gambia -- not in the detention of the Gambian justice system.
  • Returned to Britain in 2007.
906 Bisher Al-Rawi
  • Not "captured on the battlefield". Apprehended in Gambia, while on a business trip with his friend Jamil el-Banna.
  • Was first held and interrogated in a CIA safe house in Gambia -- not in the detention fo the Gambian justice system.
  • Original arrest was nominally due to carrying a battery charger in his luggage.
  • Pressure for the United Kingdom to insist on his return mounted when it became public that he was an MI-5 informant who was betrayed by his MI-5 handlers.
10007 Martin Mubanga
  • A joint citizen of Zambia and the United Kingdom.
  • Captured in Zambia, not "captured on the battlefield".

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.[7]

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".[8]

Eligible to seek relief

On 3 July 2008 US District Court Judge Thomas F. Hogan listed this habeas petition on a list where former captives were eligible to seek relief.[9]

References

  1. "probono_El-Banna_Merits_Brief_Final.pdf" (PDF). pp. pages 81–136. http://www.scotusblog.com/movabletype/archives/probono_El-Banna_Merits_Brief_Final.pdf. Retrieved 2008-06-28. 
  2. James R. Crisfield (18 October 2004). "Abdul Latif El Banna v. George W. Bush -- 04-CV-1144 (RWR)" (PDF). United States Department of Defense. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_3967-4102.pdf. Retrieved 2008-06-28. 
  3. "Bisher Amin Khalil Al Rawi v. George W. Bush -- 04-CV-1144" (PDF). United States Department of Defense. 25 September 2004. p. pages 5–134. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_4103-4236.pdf. Retrieved 2008-06-01. 
  4. George Brent Mickum IV (2008-07-14). "Guantanamo Bay Detainee Litigation: Doc 57 -- Petitioner's status report". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/57/0.pdf. Retrieved 2009-03-05. 
  5. "Lead Petitioners' Counsel in Guantanamo Habeas Cases" (PDF). Center for Constitutional Rights. January 8, 2007. http://listproc.ucdavis.edu/archives/law-lib/law-lib.log0701/att-0174/01-GITMO_AttyList.pdf. Retrieved 2008-06-11. 
  6. "RESPONDENTS’ RESPONSE TO COURT’S AUGUST 7, 2006 ORDER" (PDF). 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. 
  7. 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
  8. 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
  9. Thomas Hogan (2009-07-03). "Petitioners seeking habeas corpus relief in relation to prior detentions at Guantanamo Bay". United States Department of Justice. https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2008mc0444-1. Retrieved 2008-11-12.  mirror