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Case 1:07-cv-02338-UNA Document 9 Filed 01/11/2008 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

ABDURRAHMAN ABDALLAH ALI
MAHMOUD AL SHUBATI,

Detainee,


ABDULLAH ALI MAHMOUD AL
SHUBATI, as Next Friend of
ABDURRAHMAN ABDALLAH ALI
MAHMOUD AL SHUBATI,

Petitioners/Plaintiffs,

v.

GEORGE W. BUSH, et al.,

Defendants.

Civil Action 07-2338 (HHK)

ORDER

Petitioner al Shubati, a Yemeni national, is detained by the U.S. military at Guantánamo

Bay Naval Base and has filed a habeas corpus petition challenging the legality of his detention.

Before the court is Petitioner’s “Motion for Temporary Restraining Order and Preliminary

Injunction Requiring Respondents to Provide Counsel for Petitioner and the Court with Thirty

Days’ Advance Notice of Intended Removal of Petitioner from Guantanamo” [#3].

On June 29, 2007, the Supreme Court granted certiorari in Boumediene v. Bush, 476 F.3d

981 (D.C. Cir. 2007). See 75 U.S.L.W. 3707 (June 29, 2007). On July 26, 2007, the D.C.

Circuit granted petitioners’ motion to recall the mandate in Boumediene pending the Supreme

Case 1:07-cv-02338-UNA Document 9 Filed 01/11/2008 Page 2 of 2

Court’s review of that decision. See Boumediene, No. 05-5062 (D.C. Cir. July 26, 2007) (order

granting motion and recalling the mandate).

In his motion for thirty days’ notice, al Shubati alleges that he might be transferred

without notice to Yemen or another country where he may be denied access to the courts and/or

tortured. Petitioner seeks an order providing him notice and adequate opportunity to contest any

intended transfer and to stay his petition in light of the Supreme Court’s pending review in

Boumediene. Defendants contend, inter alia, that Boumediene and the Military Commissions

Act of 2006 deprive this court of jurisdiction over such motions.1

In light of the recall of the mandate in Boumediene, and upon consideration of the

motions, the oppositions thereto, the record in this case, and pursuant to this court’s decision in

Abdah v. Bush, 2005 WL 711814, at *7 (D.D.C. Mar. 29, 2005), it is this 11 day of January,

th

2008, hereby

ORDERED that the “Motion for Temporary Restraining Order and Preliminary

Injunction Requiring Respondents to Provide Counsel for Petitioner and the Court with Thirty

Days’ Advance Notice of Intended Removal of Petitioner from Guantanamo” [#3] is

GRANTED.

Henry H. Kennedy, Jr.
United States District Judge

1
The D.C. Circuit, however, has denied motions to vacate a district court’s thirty days’

notice of transfer orders and has confirmed that district courts may “consider in the first instance
respondents’ motion to dismiss and petitioners’ motions to stay and hold in abeyance, which are
currently pending before the district court.” See Al Ginco v. Bush, 06-5191, at 2 (D.C. Cir. June
7, 2007).

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