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Case 1:05-cv-01429-UNA Document 75 Filed 05/01/2007 Page 1 of 3

Filed with Court Security Officer 4/30/07
Cleared for public filing by DOJ 5/1/07

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

PETITIONERS’ REPLY TO RESPONDENTS’

OPPOSITION TO MOTION TO STAY AND ABEY

The Court should defer consideration of the motion until the D.C. Circuit and the

Supreme Court determine how these actions should be handled in light of the Supreme













































Respondents.






Petitioners,

v.






____________________________________
)


ABDULSALAM ALI
)
ABDULRAHMAN AL HELA, et al.,
)

)



)

)



)
)


GEORGE W. BUSH, et al.,
)
)


)




)
____________________________________)
)

SAEED MOHAMMED SALEH
)
HATIM, et al.,

)

)




)

)



)
)


GEORGE W. BUSH, et al.,
)


)
)




)
____________________________________)

)
HASSAN BIN ATTASH, et al.,
)

)


)



)


)
)


GEORGE W. BUSH, et al.,
)
)




)
____________________________________)



Petitioners,

v.



Petitioners,

v.




Respondents.





Respondents.


























































Civ. No. 05-01048 (RMU)

Civ. No. 05-01429 (RMU)


Civ. No. 05-01592 (RCL)

Case 1:05-cv-01429-UNA Document 75 Filed 05/01/2007 Page 2 of 3

Court’s denial of certiorari in Boumediene v. Bush and Al Odah v. United States, 127 S.

Ct. 1478 (2007). On April 27, 2007, the Al Odah and Boumediene petitioners filed peti-

tions in the Supreme Court seeking rehearing of the Court’s order denying review and to

defer consideration of the petitions pending those petitioners’ exhaustion of remedies un-

der the Detainee Treatment Act of 2005.1

Following the Supreme Court’s denial of certiorari on April 2, 2007, petitioners in

Al Odah v. United States, No. 05-0564, filed motions in the D.C. Circuit to stay the man-

date and to govern the appeal. Likewise, petitioners in Abdah v. Bush, No. 05-5127, and

Abdah v. Bush, No. 05-5224, filed motions in the D.C. Circuit to continue to hold those

appeals in abeyance, to govern those appeals, and to direct this Court not to dismiss these

actions and to reinstate those already dismissed.2 The government has filed oppositions

to the motions in Al Odah; its responses to the petitioners’ motions in the Abdah appeals

were due today, April 30, 2007. The D.C. Circuit has not yet acted on the petitioners’

motions.


1
In Boumediene, Judge Leon granted the government’s motion to dismiss the
Guantánamo cases before him; the D.C. Circuit affirmed. In Al Odah, Judge Joyce Hens
Green denied in part the government’s motion to dismiss the Guantánamo cases before
her, the D.C. Circuit reversed. See Boumediene v. Bush, 476 F.3d 981 (D.C. Cir. 2007).
2
In Abdah, No. 05-5127, the government appealed this Court’s order requiring the
government to provide Petitioners’ counsel with unredacted records of their clients’
Combatant Status Review Tribunal proceedings. In Abdah, No. 05-5224, the government
appealed this Court’s order requiring the government to provide Petitioners’ counsel with
advance notice of contemplated transfer of their clients from Guantánamo. The D.C. Cir-
cuit held both Abdah appeals in abeyance pending disposition of the Al Odah appeal.
The D.C. Circuit has consolidated appeals in the above-captioned Al-Hela and Hatim
cases (Al-Hela v. Bush, No. 05-5230 (D.C. Cir. filed Jun. 16, 2005), and Hatim v. Bush,
No. 05-5398 (D.C. Cir. filed Oct. 26, 2005)) with the appeal in Abdah, No. 05-5224.

Case 1:05-cv-01429-UNA Document 75 Filed 05/01/2007 Page 3 of 3

The disposition of these motions and petitions by the D.C. Circuit and the Su-

preme Court will clarify how this Court is to handle these actions. Until those courts

provide such clarification, consideration of the motion would be premature in any event.

CONCLUSION

For the foregoing reasons, the Court should defer consideration of Petitioners’

motion to stay and abey pending the issuance of the mandate and further guidance from

the D.C. Circuit and the Supreme Court.

Respectfully submitted,





/s/ David H. Remes
David H. Remes
D.C. Bar No. 370782
COVINGTON & BURLING LLP
1201 Pennsylvania Ave., N.W.
Washington, DC 20004-2401
(202) 662-5212 (tel)
(202) 778-5212 (fax)

Marc D. Falkoff
D.C. Bar No. 491149
NORTHERN ILLINOIS UNIVERSITY
COLLEGE OF LAW
DeKalb, IL 60614
(347) 564-5043 (tel)

Counsel for Petitioners


April 30, 2007
Washington, DC