User:Geo Swan/Guantanamo/habeas/Ameziane v. Bush

Ameziane v. Bush (Civil Action No. 05-cv-0392) (Civil Action No. 05-cv-0392) is a writ of habeas corpus filed on behalf of Guantanamo captive Djamel Ameziane.

Seizure of privileged lawyer-client documents

On June 10, 2006 the Department of Defense reported that three captives died in custody. The Department of Defense stated the three men committed suicide. Camp authorities called the deaths "an act of asymmetric warfare", and suspected plans had been coordinated by the captive's attorneys -- so they seized all the captives' documents, including the captives' copies of their habeas documents. Since the habeas documents were privileged lawyer-client communication the Department of Justice was compelled to file documents about the document seizures. Ameziane's privileged documents were among those seized.

Lead petitioner

On January 8, 2007 the Center for Constitution Rights published a list of "Lead Petitioners' Counsel in Guantanamo Habeas Cases". According to that list Robert Rachlin of DOWNS RACHLIN MARTIN PLLC was the lead attorneys for this petition.

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.

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".

Re-initiation

On 15 July 2008 Kristine A. Huskey filed a "NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER" on behalf of Djamel Ameziane and several dozen other captives. The petition would prevent the Department of Defense from transferring him out of US jurisdiction without giving his attorney's thirty days notice. The Department of Defense had transferred some captives to countries where they were subsequently subjected to abusive treatment -- even though they had active habeas corpus petitions.

On 18 July 2008 J. Wells Dixon filed a "PETITIONER’S STATUS REPORT" on behalf of Ameziane.

On 3 October 2008 Pardiss Kebriaei filed a "MEMORANDUM OF UNDERSTANDING REGARDING ACCESS TO CLASSIFIED NATIONAL SECURITY INFORMATION" in Civil Action Nos.: 05-0526, 05-0392, 05-1220, 05-1971, 05-2088, 06-1684, 08-1153 (TFH).

On 21 November 2008 J. Wells Dixon filed a "MOTION TO STRIKE OR, IN THE ALTERNATIVE, OPPOSITION TO MOTION FOR RECONSIDERATION" with regard to Djamel Ameziane, Yasin Muhammed Basardh, Hayal Aziz Ahmed Al-Mithali in Civil Action No. 05-cv-392, 05-cv-889, 05-cv-2186 (ESH).

References

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