IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1358

STATUS REPORT in Response to Court's December 17, 2008 Order by GEORGE WALKER BUSH, DONALD H. RUMSFELD, JAY HOOD, MIKE BUMGARNER, GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, BRICE GYURISKO, GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER, JOHN D. ALTENBURG, JR, MIKE BUMGARNER. (Attachments: # 1 Exhibit, # 2 Exhibit)(Davis, Patrick)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) IN RE: ) ) GUANTANAMO BAY ) DETAINEE LITIGATION ) ____________________________________) ) FALEN GHEREBI, et al. ) ) Petitioners, ) ) v. ) ) GEORGE W. BUSH, ) President of the United States, et. al., ) ) Respondents. ) ) ) KARIN BOSTAN, ) ) Petitioner, ) ) v. ) ) GEORGE W. BUSH, ) President of the United States, et. al., ) ) Respondents. ) ) ) ASIM BEN THABIT AL-KHALAQI, ) ) Petitioner, ) ) v. ) ) GEORGE W. BUSH, ) President of the United States, et. al., ) ) Respondents. ) ) Misc. No. 08-442 (TFH)

Civil Action No. 04-CV-1164 (RBW)

Civil Action No. 05-CV-883 (RBW)

Civil Action No. 05-CV-999 (RBW)

____________________________________ ALI MOHAMED OMAR AL SHOMRANY ex rel. OTHMAN ALI MOHAMMED AL SHAMRANY and ABDULGADER AHMED HASIN ABOBAKER ex rel. ABDUL AL QADER AHMED HUSSAIN, Petitioners, v. GEORGE W. BUSH, President of the United States, et. al., Respondents. BILAL LNU, et. al., Petitioners, v. GEORGE W. BUSH, President of the United States, et. al., Respondents. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 05-CV-2104 (RBW)

Civil Action No. 05-CV-2386 (RBW)

CONSOLIDATED STATUS REPORT Pursuant to this Court's December 17, 2008 Order, the Government has attached two exhibits constituting a consolidated status report for the above-captioned cases. See e.g., Order of Dec. 17 (1:05-CV-2104, dkt. no. 113). Exhibit A is a chart containing the full name, ISN, and case number for each petitioner in the above-captioned cases who is currently detained at Guantanamo Bay. The chart also shows the date on which the Government filed a factual return,

-2-

as well as whether the Government has provided the petitioner's counsel with an unclassified version of the factual return. Exhibit B is a chart stating the Government's preliminary recommendations for petition consolidation. At present, the Government anticipates that several petitioners in the abovecaptioned cases will fall into three preliminary consolidation groups. The reasons for consolidation include the detainees having similar backgrounds, affiliations, and/or circumstances of capture. 1 Also on December 17, 2008, Judge Hogan ordered the Government to confer with petitioners' counsel in every case consolidated in In Re Guantanamo Bay Detainee Litigation (1:08-MC-0442), including petitioners' counsel in the above-captioned cases, and to submit a joint filing by January 5, 2009, identifying which petitions may be consolidated for merits proceedings. See Order of Dec. 17, 2008 (1:08-MC-0442, dkt. no. 1323). Accordingly, the Government will present updated recommendations for consolidation in that filing.

Dated: December 19, 2008

Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JOHN C. O'QUINN Deputy Assistant Attorney General /s/ Patrick D. Davis_____________ JOSEPH H. HUNT (D.C. Bar No. 431134) VINCENT M. GARVEY (D.C. Bar No. 127191) TERRY M. HENRY ANDREW I. WARDEN (IN Bar No. 23840-49) PATRICK D. DAVIS (D.C. Bar No. 978772) Attorneys

1

The particularized facts are explained more fully in the classified returns for each petitioner. -3-

United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue N.W. Washington, DC 20530 Tel: [phone] Fax: [phone] Attorneys for Respondents

-4-