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Case 1:04-cv-01254-HHK Document 19 Filed 10/01/04 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA



MAHMOAD ABDAH, et al.,

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UNITED STATES OF AMERICA,

Respondents.

v.

et al.,

Petitioners,

Civil Action No. 04-CV-1254 (HHK)

RESPONDENTS’ FACTUAL RETURN TO PETITION FOR WRIT OF HABEAS

CORPUS BY PETITIONER ADIL SAEED EL HAJ OBAID

Respondents hereby submit, as explained herein, the record of proceedings before the

Combatant Status Review Tribunal pertaining to petitioner Adil Said Al Haj Obeid Al Busayss

(listed in the petition as Adil Saeed El Haj Obaid) as a factual return to petitioner’s petition for

writ of habeas corpus. See Exhibit A. For the reasons explained in the record, petitioner Adil

Said Al Haj Obeid Al Busayss has been determined to be an enemy combatant. Accordingly,

petitioner Adil Said Al Haj Obeid Al Busayss is lawfully subject to detention pursuant to the

President’s power as Commander in Chief or otherwise, and is being detained.

The portion of the record suitable for public release is attached hereto, and the remaining

portions of the record, including information that is classified or not suitable for public release,

will be filed under seal and made available to petitioner’s counsel upon the entry of a protective

order governing such information by the Court, and the issuance of security clearances to

petitioner’s counsel.

Respondents reserve the right to rely, in addition to the complete record, on legal grounds

for petitioner Adil Said Al Haj Obeid Al Busayss's continued detention, which will be presented

Case 1:04-cv-01254-HHK Document 19 Filed 10/01/04 Page 2 of 3

in briefing opposing the petition for writ of habeas corpus in accordance with a schedule

determined by the Court.

Dated: October 1, 2004

Respectfully submitted,

PETER D. KEISLER
Assistant Attorney General

KENNETH L. WAINSTEIN
United States Attorney

BRIAN D. BOYLE
Principal Deputy Associate Attorney General

DAVID B. SALMONS
Assistant to the Solicitor General

DOUGLAS N. LETTER
Terrorism Litigation Counsel

ROBERT D. OKUN
D.C. Bar No. 457-078
Chief, Special Proceedings Section
555 Fourth Street, N.W.
Room 10-435
Washington, D.C. 20530
(202) 514-7280

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Case 1:04-cv-01254-HHK Document 19 Filed 10/01/04 Page 3 of 3

/s/ Preeya M. Noronha
JOSEPH H. HUNT (D.C. Bar No. 431134)
VINCENT M. GARVEY (D.C. Bar No. 127191)
TERRY M. HENRY
PREEYA M. NORONHA
ROBERT J. KATERBERG
Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., N.W. Room 7144
Washington, DC 20530
Tel: (202) 514-4107
Fax: (202) 616-8470

Attorneys for Respondents

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