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Case 1:05-cv-01429-UNA Document 11 Filed 08/02/2005 Page 1 of 2

CLEARED FOR PUBLIC FILING
BY COURT SECURITY OFFICER

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA







Civil Action No. 05-01429 (RMU)













Petitioners,

v.


____________________________________

)
)
SAEED MOHAMMED SALEH
HATIM, et al.,
)

)
)


)
)

GEORGE W. BUSH, President of the
)
United States, et al.,
)

Respondents.
)
____________________________________)
































MOTION AND MEMORANDUM IN SUPPORT OF MOTION

FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

Petitioners Saeed Mohammed Saleh Hatim and Mohammed Nasser Yahia Abdullah

Khussrof, prisoners of the United States held at Guantánamo, respectfully move for a temporary

restraining order and preliminary injunction pursuant to Rule 65(a) of the Federal Rules of Civil

Procedure and the All Writs Act, 28 U.S.C. § 1651, requiring Respondents to provide counsel for

the Petitioners and the Court with 30-days’ advance notice of any intended transfer of Mr. Hatim

or Mr. Khussrof from Guantánamo Bay Naval Base in Cuba.

On information and belief, Respondents have contemplated removing detainees – includ-

ing potentially Mr. Hatim and Mr. Khussrof – from Guantánamo to foreign territories for torture

or indefinite detention without due process of law. Petitioners ask that their counsel be given

advance notice of any transfer to enable counsel the opportunity to contest their removal from

Guantánamo and to preserve the jurisdiction of the Court in this matter. This relief has been

granted in several other Guantánamo detainee cases. See, e.g., Abdah v. Bush, 04-CV-1254

(HHK) (March 29, 2005) (Ex. A), and Al-Mohammed v. Bush, 05-CV-0247 (March 30, 2005)

(Ex. B). Similar relief has been provided by this Court through the vehicle of a stay in Al-Hela v.



Case 1:05-cv-01429-UNA Document 11 Filed 08/02/2005 Page 2 of 2



Bush, 05-CV-01048 (D.D.C. June 3, 2005) (Ex. C). For purposes of the instant motion, Peti-

tioners are identically situated to the detainees in each of these other cases.

Because Respondents have refused to assure counsel that Mr. Hatim and Mr. Khussrof

will not be removed from Guantánamo pending disposition of the instant motion for a prelimi-

nary injunction, Petitioners also move under Rule 65(b) for a temporary restraining order barring

their removal from Guantánamo until this Court has ruled on their motion for a preliminary in-

junction.

WHEREFORE, Petitioners respectfully request that Respondents be ordered to provide

counsel for the Petitioners and the Court with 30-days’ advance notice of any intended transfer

of Mr. Hatim or Mr. Khussrof from Guantánamo.







August 1, 2005




Dated: Washington, D.C.


























































































By:














Respectfully submitted,

COVINGTON & BURLING







/s/


David H. Remes
D.C. Bar No. 370782
1201 Pennsylvania Avenue, N.W.
Washington, DC 20004-2401
Tel: (202) 662-5212
Fax: (202) 778-5212

Marc D. Falkoff
D.C. Bar No. 491149
1330 Avenue of the Americas
New York, NY 10019
Tel: (212) 841-1166
Fax: (646) 441-9166



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