AL HALMANDY et al v. BUSH et al

Filing 431

Redacted/unclassified version of ORDER denying in part respondents' 414 sealed Motion for Stay. Signed by Judge Ellen S. Huvelle on 12/18/09. (lcesh2)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) SABRY MOHAMMED EBRAHIM AL QURASHI (ISN 570), Petitioner, ) ) ) ) ) v. BARACK OBAMA, et al., Respondents. ) ) ) ) ) ) Civil Action No. 05-2385 (ESH) ORDER Upon consideration of respondents' sealed Motion for a Stay of Proceedings_ the petitioner's opposition thereto, as well as his classified Traverse [see Dkt. 412] and classified Motion to Suppress the Government's Evidence [see Dkt. 427]; and for the reasons stated by the Court during the proceedings held this date, it is hereby ORDERED that respondents' motion for a stay is DENIED IN PART. The Court ac1mowledges that similar motions by the government have previously been granted. However, it is also true that other judges on this Court have denied motions to stay, or lifted stays, and proceeded to the merits, See A/~Adahi v. Obama, No, OS-CY-280 CD.D.C. Nov. 16, 2009).(denying government's motion to stay merits hearing for Yemeni petitioner Bawazir (ISN 440) and rescheduling hearing for January 4,2010); AI-Jayfl v. Obama, No. 05-CY-2104 CD.D.C. Nov. 6,2009) (lifting stay and setting December 21,2009 merits hearing for Yemeni petitioner Hussein (ISN 690); Mohammed v. Obama, ~o. 05-CY-1347 CD.D.C. Nov. 19,2009) (issuing writ to petitioner Mohammed (lSN 311), following August 11 denial of reconsideration o of government's request to reinstate stay of proceedings). In reaching its conclusion, the Court has considered the unique circumstances of this case. including but not limited to the following factors: (1) the strength of petitioner's case, especially the substantial evidence of tonure that would impact the admissibility of p e t i t i o n e r ' s statements regarding the al·Farouq training camp, the lack of other credible evidence regarding his presence at aJ-Farouq, and the dearth of other reliable evidence to support a finding that detention is lav,rful; (2) the immll1ence of the previously scheduled January 19, 20 I 0 merits hearing; (3)_. . . . (4) the only Yemeni whose habeas petition has been granted but not appealed, see Ala Bin AliAhmedv. Obama, No. 05-CV-1678 (D.D.C. May 4,2009) (granting writ ofYemenz petitioner Ahmed (ISN 692)), has been repatriated to Yemen and (5) "the costs of delay can no longer be borne by those who are held in custody," Boumediene v. Bush, 128 S. Ct. 2229,2275 (2008), and yet petitioner, who has spent seven years in detention at Guantanamo Bay -2 Accordingly, al the January 19 merits hearing, the COUl1 will consider evidence and argument limited solely to the question of petitioner's motion to suppress evidence relating to the government's allegation that petitioner was present at the al-Farouq training camp. TIle adjudication of this single issue will be straightforward and will not unduly burden the govemment as it pursues its responsibilities in other habeas proceedings. SO ORDERED. ELLEN SEGAL HUVELLE United States District Judge Date: December 10,2009 a.'-- /:) hL-Ki~ - ." J

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