Al-Asadi v. Bush: Difference between revisions
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'''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 [[US District Court Judge]] [[Henry H. Kennedy]]. | |||
'''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 [[US District Court Judge]] | |||
[[Henry H. Kennedy]]. | |||
==Military Commissions Act== | ==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.<ref name=McaLetter2006-10-16> | 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.<ref name=McaLetter2006-10-16/> | ||
==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.<ref name=Habeas04cv2215-2006-09-19/><ref name=DoJStephenMTruitt2006-09-26/> | |||
==Boumediene v. Bush== | |||
On June 12, 2008 the [[United States Supreme Court]] ruled, in [[Boumediene v. Bush]], that the [[Military Commissions Act of 2006|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".<ref name=BostonGlobe2008-10-24/> | |||
==Re-initiation== | |||
{{wikisource|Misc. No. 08-442 (TFH) -- Doc 31: Statement regarding hearing of July 8, 2008}} | |||
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.<ref name=DoJ2008-07-03/> 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.<ref name=Cv08-0442Doc31/> | |||
On 14 July 2008, [[Andrew I. Warden]], a department of Justice official, submitted a motion requesting this and other petitions be dismissed.<ref name="Thomas F. Hogan" /> | |||
==References== | |||
{{reflist|refs= | |||
<ref name=McaLetter2006-10-16> | |||
{{cite news | {{cite news | ||
| url=http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf | | url=http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf | ||
| Line 19: | Line 37: | ||
| accessdate=2008-09-30 | | accessdate=2008-09-30 | ||
| quote= | | quote= | ||
}} | }} | ||
</ref> | </ref> | ||
<ref name=Habeas04cv2215-2006-09-19> | |||
{{cite web | {{cite web | ||
| url=http://www.pegc.us/archive/Deghayes_v_Bush/aamer_mot_20060926.pdf | | url=http://www.pegc.us/archive/Deghayes_v_Bush/aamer_mot_20060926.pdf | ||
| Line 34: | Line 50: | ||
| quote=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] | | quote=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] | ||
}} | }} | ||
</ref><ref> | </ref> | ||
<ref name=DoJStephenMTruitt2006-09-26> | |||
{{cite web | {{cite web | ||
| url=http://www.pegc.us/archive/Abdullah_v_Bush/pet_mot_20060926_1.pdf | | url=http://www.pegc.us/archive/Abdullah_v_Bush/pet_mot_20060926_1.pdf | ||
| Line 45: | Line 63: | ||
}} | }} | ||
</ref> | </ref> | ||
<ref name=BostonGlobe2008-10-24> | |||
{{cite news | {{cite news | ||
| url=http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/ | | url=http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/ | ||
| Line 57: | Line 73: | ||
| accessdate=2008-10-24 | | accessdate=2008-10-24 | ||
| quote= | | quote= | ||
}} | }} | ||
</ref> | </ref> | ||
= | <ref name=DoJ2008-07-03 | ||
{{cite web | |||
| url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2005cv00497/113842/65/0.pdf | | url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2005cv00497/113842/65/0.pdf | ||
| title=PETITIONERS SEEKING HABEAS CORPUS RELIEF IN RELATION TO PRIOR DETENTIONS AT GUANTANAMO BAY: Order | | title=PETITIONERS SEEKING HABEAS CORPUS RELIEF IN RELATION TO PRIOR DETENTIONS AT GUANTANAMO BAY: Order | ||
| Line 74: | Line 87: | ||
}} | }} | ||
</ref> | </ref> | ||
<ref name=Cv08-0442Doc31> | |||
{{cite web | {{cite web | ||
| url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/31/0.pdf | | url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/31/0.pdf | ||
| Line 88: | Line 99: | ||
}} | }} | ||
</ref> | </ref> | ||
}} | |||
Revision as of 11:45, 3 January 2024
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 US 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 United States Supreme Court 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.[7]
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.
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedDoJ2008-07-03 - ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedCv08-0442Doc31 - ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedThomas F. Hogan