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Case 1:05-cv-01429-UNA Document 18 Filed 08/29/2005 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

HATIM, et al.,

Petitioners,

v.

Civil Action No. 05-CV-1429 (RMU)



SALEH MOHAMMED SALEH

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President of the United States,
et al.,

GEORGE WALKER BUSH,

Respondents.

RESPONDENTS’ FACTUAL RETURN TO PETITION FOR WRIT OF HABEAS

CORPUS BY PETITIONER MOHAMMED NASSER YAHIA ABDULLAH KHUSSROF

AND NOTICE OF SUBMISSION OF FACTUAL RETURN UNDER SEAL

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

the Combatant Status Review Tribunal pertaining to petitioner Mohammed Nasir Yahya Khusruf

(listed in the petition as Mohammed Nasser Yahia Abdullah Khussrof) as a factual return to

petitioner’s petition for writ of habeas corpus. For the reasons explained in the record, petitioner

Mohammed Nasir Yahya Khusruf has been determined to be an enemy combatant. Accordingly,

petitioner Mohammed Nasir Yahya Khusruf 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. See Exhibit A.

The remaining portions of the record, including information that is classified or not suitable for

public release, are being submitted under seal. One copy of the factual return is being submitted

to the Court for in camera review. Another copy of the factual return, containing classified

information suitable for disclosure to counsel under seal, is being made available to petitioner’s

Case 1:05-cv-01429-UNA Document 18 Filed 08/29/2005 Page 2 of 3

counsel who have been issued security clearances, consistent with the Protective Order. See

Order dated July 28, 2005 (applying Amended Protective Order and Procedures for Counsel

Access to Detainees at the United States Naval Base in Guantanamo Bay, Cuba in In re

Guantanamo Detainee Cases, No. 02-CV-0299 (D.D.C. Nov. 8, 2004), and related orders, to this

case). Any redactions made in the factual return are explained in the

declaration(s)/certification(s) submitted therewith. Both copies of the factual return contain

highlighting, explained therein, consistent with the Court’s Order for Specific Disclosures

Relating to Respondents’ Motion to Designate as “Protected Information” Unclassified

Information and Petitioners’ Motion for Access to Unredacted Factual Returns, entered on

December 8, 2004 by Judge Green in the coordinated cases. Respondents have designated

certain highlighted, unclassified information in the factual return as “protected information”

under the Protective Order. Pursuant to the Protective Order, once counsel for petitioner has

reviewed the factual return and counsel for the parties have conferred, respondents will file a

motion requesting that the Court designate the information in the factual return as “protected”

pursuant to the Protective Order. 1

For the reasons explained in the factual return, petitioner Mohammed Nasir Yahya

Khusruf has been determined to be an enemy combatant and is, therefore, lawfully subject to

detention pursuant to the President’s power as Commander in Chief or otherwise. Accordingly,

the petition for writ of habeas corpus should be dismissed and the relief sought therein denied.

1

Pursuant to the Protective Order, respondents are disclosing this information to

petitioner’s counsel, who shall treat such information as “protected” unless and until the Court
rules that the information should not be designated as “protected.”

2

Case 1:05-cv-01429-UNA Document 18 Filed 08/29/2005 Page 3 of 3

Dated: August 29, 2005

Respectfully submitted,



PETER D. KEISLER
Assistant Attorney General

KENNETH L. WAINSTEIN
United States Attorney

DOUGLAS N. LETTER
Terrorism Litigation Counsel

/s/ Preeya M. Noronha
JOSEPH H. HUNT (D.C. Bar No. 431134)
VINCENT M. GARVEY (D.C. Bar No. 127191)
TERRY M. HENRY
JAMES J. SCHWARTZ
PREEYA M. NORONHA
ROBERT J. KATERBERG
NICHOLAS J. PATTERSON
ANDREW I. WARDEN
EDWARD H. WHITE
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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