IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1016

Unopposed MOTION to Dismiss PETITION OF HASAN BALGAID WITHOUT PREJUDICE by HASAN BALGAID (Attachments: # 1 Declaration of Wesley Powell, # 2 Text of Proposed Order To Dismiss Petition of Hasan Balgaid without Prejudice)(Powell, Wesley)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

) ) ) Misc. No. 08-442 (TFH) ) ) Civil Action No. 05-CV-1983 (RMU) )

DECLARATION OF WESLEY R. POWELL Wesley R. Powell, declares as follows, pursuant to 28 U.S.C. § 1746: 1. I am a partner in the New York office of Hunton & Williams LLP and am admitted to practice in the States of New York and California and before a number of federal courts. I have practiced before this Court in connection with the Guantánamo habeas litigation since the fall of 2004, pursuant to this Court's local rules concerning pro bono representation. 2. I submit this declaration in support of Petitioner Hasan Balgaid's Motion to Dismiss Petition Without Prejudice. 3. The Center for Constitutional Rights, along with other cooperating counsel, began representing Mr. Balgaid in October 2005, pursuant to the authorization of his next friend, Omar Deghayes, who was then detained by the United States at Guantánamo Bay. Mr. Balgaid's counsel filed a habeas corpus petition on behalf of Mr. Balgaid and another Guantánamo detainee, Mr. Ismael al Bakush, on October 6, 2005. Subsequently, my firm agreed to take over the representation of Mr. al Bakush. Following this Court's issuance of an Order to Show Cause in Mr. Balgaid's case on November 13, 2008, my firm entered an appearance on his behalf as well.

4. In a recent conversation with counsel for Respondents, Mr. Andrew Warden, it was confirmed that Respondents have no record of Mr. Balgaid having been detained in Guantánamo. Moreover, I have reviewed the next friend authorization form executed by Mr. Deghayes. Next to Mr. Balgaid's name appears the word "Bagram," which we interpret as indicating that Mr. Balgaid may be detained in the U.S. detention facility in Bagram, Afghanistan, rather than in Guantánamo. 5. Accordingly, we request in the accompanying motion that the Court dismiss without prejudice Mr. Balgaid's challenge to his detention in Guantánamo, so that his ability to challenge his detention by the United States in any other facility is fully preserved. 6. In our recent conversation, Mr. Warden indicated that Respondents do not object to this relief.

Executed this 20th day of November 2008 New York, New York /s/ ___________________ Wesley R. Powell

99997.027530 EMF_US 26495579v2