IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1469

ORDER GRANTING IN PART and DENYING IN PART the Government's [409, 1060] Motion to Hold in Abeyance the habeas petitions of Fouad Mahmoud Al Rabiah and Fayiz Mohammed Ahmen Al Kandari (collectively, "Petitioners"), and DENYING WITHOUT PREJUDICE the Government's 407 Motion to Dismiss. A stay shall be entered as to the Petitioners' habeas petitions, to commence upon the Convening Authority's referral of charges against Petitioners to military commissions. Unless and until such charges are referred by the Convening Authority, the parties must continue to proceed fully with Petitioners' habeas cases. If and when such charges are referred to military commissions, the Government shall file a notice with the Court and shall file Status Reports every 60 days thereafter. Signed by Judge Colleen Kollar-Kotelly on January 6, 2009. (lcckk1)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 1469

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA KHALED A.F. AL ODAH, et al., Petitioners, v. GEORGE W. BUSH, President of the United States, et al., Respondents. Civil Action No. 02-828 (CKK)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION Misc. No. 08-442 (TFH)

ORDER (January 6, 2009) For the reasons set forth in an accompanying memorandum opinion, it is, this 6th day of January, 2009, hereby ORDERED the Government's Motion to Hold in Abeyance the habeas petitions of Fouad Mahmoud Al Rabiah and Fayiz Mohammed Ahmen Al Kandari (collectively, "Petitioners") is GRANTED-IN-PART and DENIED-IN-PART, and the Government's Motion to Dismiss is DENIED WITHOUT PREJUDICE; it is further ORDERED that a stay shall be entered as to the Petitioners' habeas petitions, to commence upon the Convening Authority's referral of charges against Petitioners to military commissions; it is further ORDERED that unless and until such charges are referred by the Convening Authority,

Dockets.Justia.com

the parties must continue to proceed fully with Petitioners' habeas cases; and it is further ORDERED that, if and when such charges are referred to military commissions, the Government shall file a notice with the Court and shall file Status Reports every 60 days thereafter. SO ORDERED. Date: January 6, 2009 /s/ COLLEEN KOLLAR-KOTELLY United States District Judge

2