IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 112

STATUS REPORT by OMER SAEED SALEM AL DAINI, ABDULAZIZ LNU, MOHAMMED AHMED SLAM AL-KHATEEB, ADEL LNU. (Fee, Jonathan)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 112

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) I N RE : ) ) GUANTANAMO BAY ) DETAINEE LITIGATION ) ) ) ____________________________________) STATUS REPORT Counsel for Petitioners Abdalaziz Kareem Salim Al Noofayaee (ISN 687), Moha mmed Ahmed Sala m Al Khateeb (ISN 689), Adel bin Mabrouk (ISN 148), and Omer Saeed Salem Al Daini (ISN 549) sub mit this status report in response to the Court's order of July 11, 2008. We are treating Petitioners' cases as consolidated for purposes of this status report only. I. Abdalaziz Kareem Salim Al Noofayaee (ISN 687) (05-cv-2386). 1. Al Noofayaee is a habeas petitioner before this Court in Misc. No. 08-442 Civ. Action Nos. 05-CV-2386 (RBW) 05-CV-0634 (RWR)

Mohammon, et al. v. Bush, et al., (05-cv-2386). He is identified in the petition, at dkt. no. 1, par. 168, as "Abdulazziz LNU."

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2.

Al Noofayaee is a citizen of Saudi Arabia. He has been

imprisoned at Guantana mo fro m 2002 to the present. 3. We have not received a factual return for Al Noofayaee from

the Government in response to the petition. 4. Al Noofayaee is not the subject of an order requiring advance

notice of his transfer. 5. Al Noofayaee has not been charged with any crime before a

military co mmission. 6. To counsel's knowledge, Al Noofayaee has not been authorized

for transfer. Noofayaee wishes to be transferred to Saudi Arabia, his home country. By separate notice of today's date, counsel has requested that counsel and the Court be notified at least 30 days in advance of any intended transfer of Noofayee to a country other than Saudi Arabia. II. Mohammed Ahmed Salam Al Khateeb (ISN 689) (05-cv-2386). 1. Al Khateeb is a habeas petitioner before this Court in

Mohammon, et al. v. Bush, et al. (05-cv-02386). He is identified in the petition, at dkt. no. 1, par. 252, as "Mohammed Ahmed Slam Al-Khateeb." 2. Al Khateeb is a citizen of Yemen. He has been imprisoned at

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3.

We have not received a factual return for Al Khateeb from the

Government in response to the petition. 4. Al Khateeb is not the subject of an order requiring advance

notice of his transfer. 5. Al Khateeb has not been charged with any crime before a

military co mmission. 6. To counsel's knowledge, Al Khateeb has not been authorized

for transfer. Al Khateeb wishes to be transferred to Yemen, his home country. By separate notice of today's date, counsel has requested that counsel and the Court be notified at least 30 days in advance of any intended transfer of Al Khateeb to a country other than Yemen. III. Adel bin Mabrouk (ISN 148) (05-cv-2386). 1. Mabrouk is a habeas petitioner before this Court in Mohammon,

et al. v. Bush, et al. (05-cv-02386). He is identified in the petition, at dkt. no. 1, par. 150, as "Adil LNU." 2. Mabrouk is a citizen of Tunisia. He has been imprisoned at

Guantanamo from 2002 to the present. 3. We have not received a factual return for Mabrouk from the

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4.

Mabrouk is the subject of an order of this Court requiring 30

days' advance notice of his transfer. Mohammon (05-cv-2386), dkt. no. 425. The Government has appealed the order. Al Sanani, et al. v. Vargo, et al., D.C. Cir. No. 08-5149. 5. commission. 6. Mabrouk is the subject of a notice, dated Nove mber 1, 2007, Mabrouk has not been charged with any crime before a military

stating that he has been authorized for transfer fro m Guantanamo. Mabrouk was tried in absentia in Tunisia during his imprisonment at Guantanamo, convicted under an ex post facto law, and sentenced to a ten-year term of imprisonment for crimes he did not commit. He fears that he will be mistreated and tortured by Tunisian authorities if he is transferred to that country while his conviction still stands. Under current circumstances, he does not wish to be transferred to Tunisia. He seeks asylum in Italy, where he was a legal resident for many years, or another country other than Tunisia. I V. Omer Saeed Salem Al Daini (ISN 549) (05-cv-634) 1. Al Daini is the sole habeas petitioner before this Court in Al

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2.

Al Daini is a citizen of Ye men. He has been imprisoned at

Guantanamo from 2002 to the present. 3. We have received a redacted, incomplete factual return for Al

Daini fro m the Government in response to the petition. We assert that we are entitled to an unredacted, complete factual return. 4. Al Daini is the subject of an order of this Court requiring 30

days' advance notice of his transfer. Al Daini (05-cv-634), dkt. no. 10. The Government has appealed the order. Al Daini v. Bush, et al., D.C. Cir. No. 05-5229. 5. commission. 6. To counsel's knowledge, Al Daini has not been authorized for Al Daini has not been charged with any crime before a military

transfer. Al Daini wishes to be transferred to Yemen, his home country. Respectfully sub mitted,

/s/Jonathan M. Fee Jonathan M. Fee, DC Bar No. 479579 Michael E. Ward, DC Bar No. 434624 Jill M. Williamson, DC Bar No. 478469 ALSTON & BIRD LLP 950 F Street, NW Washington, DC 20004 Tel: [phone] Fax: [phone]LEG AL02/30883096v1

Counsel for Petitioners C. Rufus Pennington, III MARGOL & PENNINGTON, PA 320 North First Street, Suite 600 Jacksonville Beach, FL 32250 [phone] Counsel for Petitioner Al Daini Dated: July 18, 2008

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CERTIFICATE OF SERVICE I, Jonathan M. Fee, hereby certify that I today caused a true and accurate copy of the foregoing to be served electronically via the Court's Electronic Case Filing system.

/s/Jonathan M. Fee Jonathan M. Fee Dated: July 18, 2008

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