IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1154

Unopposed MOTION to Stay re Order,, by KHALED ABD ELGABAR MOHAMMED OTHMAN, ABD AL MALIK ABD AL WAHAB, GUANTANAMO BAY DETAINEE LITIGATION (Kadidal, Shayana)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 1154

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ x : IN RE: : : GUANTÁNAMO BAY : Misc. No. 08-442 (TFH) DETAINEE LITIGATION : : ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ x : OTHMAN, et al.. : : Petitioners, : : v. : Civil Action No. 05-2088 (RWR) : BUSH, et al., : : Respondents. : : ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ x

UNOPPOSED MOTION TO STAY PETITION FOR WRIT OF HABEAS CORPUS Pursuant to this Court's Minute Order dated November 28, 2008, Petitioner Khaled Abd Elgabar Mohammed Othman, by his undersigned counsel, respectfully moves for a stay of his petition for writ of habeas corpus. In support of their Motion, counsel state as follows: 1. The above-captioned petition for a writ of habeas corpus was filed in this Court

on October 25, 2005. 2. In 2006, Petitioner's counsel met with Petitioner Khaled Abd Elgabar Mohammed

Othman at Guantanamo. As described in the accompanying Declaration of Pardiss Kebriaei (attached as Exhibit A), Petitioner's counsel have been unable to meet with Petitioner Othman since that initial meeting, despite making multiple attempts to visit Petitioner at the base since the initial meeting, and have not received any correspondence from Petitioner.

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3.

The lack of communication between Petitioner Othman and his counsel prevents

counsel from proceeding on his petition for writ of habeas corpus at this time. 4. Petitioner's counsel will continue to attempt to reestablish communications with

Petitioner Othman, and will notify the Court if those attempts prove successful. 5. Under these circumstances, good cause exists to stay Petitioner Othman's petition

for writ of habeas corpus. 6. Petitioner's counsel has conferred with Respondents' counsel, who consent to the

relief requested herein.

WHEREFORE, counsel for Petitioner Othman respectfully requests that the Court enter an Order that: (1) (2) The above-captioned petition for a writ of habeas corpus shall be stayed; The parties' obligations under this Court's November 6, 2008 Case Management

Order shall be suspended with respect to this Petitioner unless and until the stay is lifted by the Court; (3) Either counsel for Petitioner or counsel for Respondents may move to lift the stay

upon notice to counsel for the opposing party; (4) The terms and effect of this Court's September 11, 2008 Protective Order and

Procedures for Counsel Access to Detainees at the United States Naval Base in Guantánamo Bay, Cuba (the "Protective Order") shall remain in effect; (5) The terms and effect of this Court's July 11, 2008 Order (Dkt. 41), requiring

Respondents to provide Petitioner's counsel and the Court with thirty day's advance notice prior

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to any intended removal or transfer of a prisoner from Guantánamo Bay, Cuba shall remain in effect; and (6) The December 5, 2008 status hearing in the above-captioned matter is vacated.

A proposed order to this effect is attached. Respectfully submitted,

s/sdk Shayana Kadidal (D.C. Bar No. 454248) Gitanjali S. Gutierrez (pursuant to LCvR 83.2(g)) Pardiss Kebriaei (pursuant to LCvR 83.2(g)) CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, New York 10012 Tel: [phone] Fax: [phone] [e-mail] Counsel for Petitioner

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ x : IN RE: : : GUANTÁNAMO BAY : Misc. No. 08-442 (TFH) DETAINEE LITIGATION : : ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ x : OTHMAN, et al.. : : Petitioners, : : v. : Civil Action No. 05-2088 (RWR) : BUSH, et al., : : Respondents. : : ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ x

[PROPOSED] ORDER

Upon consideration of the Unopposed Motion to Stay Petition for Writ of Habeas Corpus of Petitioner Khaled Abd Elgabar Mohammed Othman, it is hereby ORDERED on this ___ day of December, 2008, that: (1) (2) The above-captioned petition for a writ of habeas corpus shall be stayed; The parties' obligations under this Court's November 6, 2008 Case Management

Order shall be suspended with respect to this Petitioner unless and until the stay is lifted by the Court; (3) Either counsel for Petitioners or counsel for Respondents may move to lift the

stay upon notice to counsel for the opposing party;

(4)

The terms and effect of this Court's September 11, 2008 Protective Order and

Procedures for Counsel Access to Detainees at the United States Naval Base in Guantánamo Bay, Cuba (the "Protective Order") shall remain in effect; (5) The terms and effect of this Court's July 11, 2008 Order (Dkt. 41), requiring

Respondents to provide Petitioners' counsel and the Court with thirty day's advance notice prior to any intended removal or transfer of a prisoner from Guantánamo Bay, Cuba shall remain in effect; and (6) The December 5, 2008 status hearing in the above-captioned matter is vacated.

Dated: December ___, 2008

HON. RICHARD W. ROBERTS UNITED STATES DISTRICT JUDGE

EXHIBIT A Declaration of Pardiss Kebriaei

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

GUANTANAMO BAY DETAINEE LITIGATION