AL HALMANDY et al v. BUSH et al

Filing 234

ORDER denying without prejudice [160, 161] government's motion to dismiss or, alternatively, to hold case in abeyance. Signed by Judge Ellen S. Huvelle on 04/22/2009. (lcesh1)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) AL HALMANDY, et al., ) ) Petitioners, ) ) v. ) Civil Action No. 05-2385 (ESH) ) BARACK H. OBAMA, et al., ) ) Defendants. ) __________________________________________) ORDER Before the Court is [160] respondents' motion to dismiss or, alternatively, to hold case in abeyance for petitioners Saki Bacha (a.k.a. Mohammed Jawad) (ISN 900) and Mohammed Kameen (ISN 1045), [196] petitioner Jawad's opposition thereto, and [205] respondents' reply. Since respondents filed their motion, the military commission proceedings have been suspended. As a result, petitioners cannot exhaust their criminal proceedings without suffering delay. See Order, Al-Dharbi v. Obama, No. 05-cv-2371, Dkt. No. 135 (April 7, 2009); Order, Alsawam v. Obama, No. 05-cv-1244, Dkt No. 150 (April 15, 2009); also Boumediene v. Bush, 128 S. Ct. 2229, 2275 (2008) (requiring "prompt" adjudication of Guantanamo detainees' habeas cases). Accordingly, it is hereby ORDERED that respondents' motion is DENIED without prejudice. Respondents may re-file the motion, if appropriate, if the charges sworn against petitioners are referred to a military commission. It is further ORDERED that a status conference for petitioner Bacha is set for April 27, 2009, at 10:00 A.M. in Courtroom 14.

SO ORDERED.

_________/s/______________ ELLEN SEGAL HUVELLE United States District Judge Date: April 22, 2009