IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 146

STATUS REPORT for Petitioner Abdu Al-Qader Hussain Al-Mudafari (ISN 040) (related action: 05-CV-2185 (JR)) by GUANTANAMO BAY DETAINEE LITIGATION. (Cowan, Jennifer)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 146

[ECF FILING CLEARED BY RESPONDENTS VIA EMAIL] 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-2185 (JR)

STATUS REPORT FOR PETITIONER ABDU AL-QADER HUSSAIN AL-MUDAFARI (ISN 040) Pursuant to the Court's July 11, 2008 Order, Petitioner Abdu AlQader Hussain Al-Mudafari ("Petitioner"), by undersigned counsel, respectfully submits the following status report. 1. Petitioner, a Yemeni national, was apprehended by Pakistani

authorities in late 2001. Soon thereafter, he was transferred to the custody of Respondents and then to the United States Naval Base at Guantánamo Bay, Cuba ("Guantánamo"), where he has been detained ever since. 2. A Petition for Writ of Habeas Corpus ("Petition") was filed on

behalf of Petitioner on November 7, 2005. The Petition was dismissed sua sponte by the Court on jurisdictional grounds on April 5, 2007. On July 2, 2008, Petitioner moved, with consent of Respondents, for reinstatement of

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the action based on the decision of the Supreme Court in Boumediene v. Bush, 128 S. Ct. 2229 (2008). Petitioner also moved for a scheduling conference. Docket No. 65. Those motions are pending. 3. Respondents have filed public and classified factual returns

with respect to Petitioner. Beyond these returns, Respondents have not provided any additional discovery. Such discovery is necessary for the adjudication of the Petition. 4. Petitioner had a thirty-day notice order in place prior to the

dismissal of his Petition. Pursuant to this Court's July 11, 2008 Order, counsel for Petitioner has requested from Respondents thirty days' notice prior to removal or transfer from Guantánamo, and has provided notice of such request to the Court. See Notice Of Petitioners' Request For 30-Days Notice Of Transfer (filed July 15, 2008). 5. Upon information and belief, Petitioner has not been charged in

any military tribunal proceeding. 6. transfer. Upon information and belief, Petitioner has not been cleared for

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July 18, 2008

Respectfully submitted, DEBEVOISE & PLIMPTON LLP /s/ Jennifer R. Cowan Jennifer R. Cowan 919 Third Avenue New York, NY 10022 Telephone: [phone] Facsimile: [phone] John B. Missing 555 13th Street, N.W., Suite 1100E Washington, D.C. 20004-1169 Telephone: [phone] Facsimile: [phone] Counsel for Petitioners Abdu Al-Qader Hussain Al-Mudafari and Next Friend Salieh Hussain Ali Al-Mudafari

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