Al-Asadi v. Bush

Al-Asadi v. Bush, No. 1:05-cv-02197, is a writ of habeas corpus filed on behalf of Guantanamo detainee Mohammed Ahmed Ali Al Asadi before US District Court Judge Henry H. Kennedy. It was one of over 200 habeas corpus petitions filed on behalf of detainees held in the Guantanamo Bay detention camp in Cuba.

Al-Asadi v. Bush
CourtUnited States District Court for the District of Columbia
Full case nameMohammed Ahmed Ali Al-Asadi v. George W. Bush, et al.
Docket nos.1:05-cv-02197
Case history
Related action(s)Boumediene v. Bush, 553 U.S. 723 (2008)
Court membership
Judge(s) sittingHenry H. Kennedy

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.[1]

Cited in other habeas petitions

Kennedy's ruling, lifting a stay imposed upon habeas petitions in 2005, pending the resolution of Boumediene v. Bush, was cited in several other habeas petitions.[2][3]

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.[4] 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".[5]

Re-initiation

Al Asidi's petition was renewed, as a former captive seeking relief for his former detention. On July 3, 2008, US District Court Judge Thomas F. Hogan issued an order regarding former Guantanamo captives, who might seek relief for their former detentions.[6] That order gave their attorneys until July 14 to respond with a brief status report, if they wanted to continue to proceed. Al Asadi's habeas petition was one of those on Justice Hogan's list.

On July 9, 2008, Zachary Katznelson filed a statement summarizing the status of this petition, and several others.[7]

On July 14, 2008, Andrew I. Warden, a department of Justice official, submitted a motion requesting this and other petitions be dismissed.[6]

References
  1. Peter D. Keisler, Douglas N. Letter (2006-10-16). "NOTICE OF MILITARY COMMISSIONS ACT OF 2006" (PDF). United States Department of Justice. Archived from the original on 2 October 2008. Retrieved 2008-09-30.CS1 maint: bot: original URL status unknown (link)
  2. Zachary Philip Katznelson (2006-09-19). "Shaker Aamer v. George W. Bush -- 04-cv-2215: Motion to lift stay and for preliminary injunction enforcing Geneva Conventions" (PDF). United States Department of Justice. Archived from the original (PDF) on October 7, 2007. Retrieved 2008-12-29. Judge Kennedy has already recognized in several other cases that Hamdan warrants lifting the stays in pending habeas petitions, and this court should do the same. See Order Lifting the Stay, Al-Asadi v. Bush, Civil Action No. 05-2197-HHK (September 11, 2006) [Dkt. No. 35]
  3. Stephen M. Truitt (2006-09-26). "Hani Saleh Rashid Abdullah v. George W. Bush -- 05-cv-0023: Motion to modify stay order of April 8, 2005" (PDF). United States Department of Justice. Archived from the original (PDF) on October 26, 2007. Retrieved 2008-12-29.
  4. Boumediene v. Bush, 553 U.S. 723 (2008).
  5. Farah Stockman (2008-10-24). "Lawyers debate 'enemy combatant'". Boston Globe. Archived from the original on 24 October 2008. Retrieved 2008-10-24.
  6. Thomas F. Hogan (2008-07-03). "PETITIONERS SEEKING HABEAS CORPUS RELIEF IN RELATION TO PRIOR DETENTIONS AT GUANTANAMO BAY: Order" (PDF). United States Department of Justice. Retrieved 2008-12-29.
  7. Zachary Katznelson (2008-07-09). "Guantanamo Bay Detainee Litigation: Doc 31 -- STATEMENT REGARDING HEARING OF JULY 8, 2008" (PDF). United States Department of Justice. Retrieved 2008-11-17.
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