Al-Asadi v. Bush
Al-Asadi v. Bush (Civil Action No. 05-cv-2197) is a writ of habeas corpus filed on behalf of Guantanamo detainee Mohammed Ahmed Ali Al Asadi before U.S. District Court judge Henry H. Kennedy.
Military Commissions Act
The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.[1]
Cited in other habeas petitions
Kennedy's ruling, lifting a stay imposed upon habeas petitions in 2005, pending the resolution of Boumediene v. Bush, was cited in several other habeas petitions.[2][3]
Boumediene v. Bush
On June 12, 2008 the Supreme Court of the United States ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".[4]
Re-initiation
Al Asidi's petition was renewed, as a former captive seeking relief for his former detention. On 3 July 2008, US District Court Judge Thomas F. Hogan issued an order regarding former Guantanamo captives, who might seek relief for their former detentions.[5] That order gave their attorneys until 14 July to respond with a brief status report, if they wanted to continue to proceed. Al Asadi's habeas petition was one of those on Justice Hogan's list.
On 9 July 2008 Zachary Katznelson filed a statement summarizing the status of this petition, and several others.[6]
On 14 July 2008, Andrew I. Warden, a department of Justice official, submitted a motion requesting this and other petitions be dismissed.
References
- ↑ Peter D. Keisler, Douglas N. Letter. NOTICE OF MILITARY COMMISSIONS ACT OF 2006, United States Department of Justice, 2006-10-16. Retrieved on 2008-09-30.
- ↑ Zachary Philip Katznelson (2006-09-19). Shaker Aamer v. George W. Bush -- 04-cv-2215: Motion to lift stay and for preliminary injunction enforcing Geneva Conventions. United States Department of Justice. Retrieved on 2008-12-29. “Judge Kennedy has already recognized in several other cases that Hamdan warrants lifting the stays in pending habeas petitions, and this court should do the same. See Order Lifting the Stay, Al-Asadi v. Bush, Civil Action No. 05-2197-HHK (September 11, 2006) [Dkt. No. 35]”
- ↑ Stephen M. Truitt (2006-09-26). Hani Saleh Rashid Abdullah v. George W. Bush -- 05-cv-0023: Motion to modify stay order of April 8, 2005. United States Department of Justice. Retrieved on 2008-12-29.
- ↑ Farah Stockman. Lawyers debate 'enemy combatant', Boston Globe, 2008-10-24. Retrieved on 2008-10-24.
- ↑ Thomas F. Hogan (2008-07-03). PETITIONERS SEEKING HABEAS CORPUS RELIEF IN RELATION TO PRIOR DETENTIONS AT GUANTANAMO BAY: Order. United States Department of Justice. Retrieved on 2008-12-29.
- ↑ Zachary Katznelson (2008-07-09). Guantanamo Bay Detainee Litigation: Doc 31 -- STATEMENT REGARDING HEARING OF JULY 8, 2008. United States Department of Justice. Retrieved on 2008-11-17.