IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 157

STATUS REPORT And Response To Court's July 11, 2008 Order by GEORGE W. BUSH. (Attachments: # 1 Exhibit 1 - Part 1, # 2 Exhibit 1 -- Part 2, # 3 Exhibit 1 -- Part 3, # 4 Exhibit 1 -- Part 4, # 5 Exhibit 1 -- Part 5, # 6 Exhibit 1 -- Part 6, # 7 Exhibit 2, # 8 Exhibit 3)(Warden, Andrew)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 157

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________ ) IN RE: ) ) Misc. No. 08-442 (TFH) GUANTANAMO BAY ) DETAINEE LITIGATION ) Civil Action Nos. ) ) 02-CV-0828, 04-CV-1136, 04-CV-1164, 04-CV-1194, ) 04-CV-1254, 04-CV-1937, 04-CV-2022, 04-CV-2035, ) 04-CV-2046, 04-CV-2215, 05-CV-0023, 05-CV-0247, ) 05-CV-0270, 05-CV-0280, 05-CV-0329, 05-CV-0359, ) 05-CV-0392, 05-CV-0409, 05-CV-0492, 05-CV-0520, ) 05-CV-0526, 05-CV-0569, 05-CV-0634, 05-CV-0748, ) 05-CV-0763, 05-CV-0764, 05-CV-0765, 05-CV-0833, ) 05-CV-0877, 05-CV-0881, 05-CV-0883, 05-CV-0886, ) 05-CV-0889, 05-CV-0892, 05-CV-0993, 05-CV-0994, ) 05-CV-0995, 05-CV-0998, 05-CV-0999, 05-CV-1048, ) 05-CV-1124, 05-CV-1189, 05-CV-1220, 05-CV-1234, ) 05-CV-1236, 05-CV-1244, 05-CV-1347, 05-CV-1353, ) 05-CV-1429, 05-CV-1457, 05-CV-1458, 05-CV-1487, ) 05-CV-1490, 05-CV-1497, 05-CV-1504, 05-CV-1505, ) 05-CV-1506, 05-CV-1509, 05-CV-1555, 05-CV-1590, ) 05-CV-1592, 05-CV-1601, 05-CV-1602, 05-CV-1607, ) 05-CV-1623, 05-CV-1638, 05-CV-1639, 05-CV-1645, ) 05-CV-1646, 05-CV-1649, 05-CV-1678, 05-CV-1704, ) 05-CV-1725, 05-CV-1971, 05-CV-1983, 05-CV-2010, ) 05-CV-2083, 05-CV-2088, 05-CV-2104, 05-CV-2112, ) 05-CV-2185, 05-CV-2186, 05-CV-2199, 05-CV-2200, ) 05-CV-2249, 05-CV-2348, 05-CV-2349, 05-CV-2367, ) 05-CV-2370, 05-CV-2371, 05-CV-2378, 05-CV-2379, ) 05-CV-2380, 05-CV-2381, 05-CV-2384, 05-CV-2385, ) 05-CV-2386, 05-CV-2387, 05-CV-2398, 05-CV-2444, ) 05-CV-2477, 05-CV-2479, 06-CV-0618, 06-CV-1668, ) 06-CV-1674, 06-CV-1684, 06-CV-1688, 06-CV-1690, ) 06-CV-1691, 06-CV-1725, 06-CV-1758, 06-CV-1759, ) 06-CV-1761, 06-CV-1765, 06-CV-1766, 06-CV-1767, ) 07-CV-1710, 07-CV-2337, 07-CV-2338, 08-CV-0864, ____________________________ ) 08-CV-0987 RESPONDENTS' STATUS REPORTS AND RESPONSE TO COURT'S JULY 11, 2008 ORDER

Dockets.Justia.com

Pursuant to the Court's July 11, 2008 Scheduling Order calling for individual status reports in the above-captioned cases, attached hereto as Exhibit 1 are individual status reports concerning 150 petitioners in the above-captioned cases whom respondents have identified and who are currently detained at Guantanamo Bay. The reports are organized in the order of civil action number. Subject to the qualifications noted below, each report discusses one detaineepetitioner and an index of all the detainee-petitioners (listing their Internment Serial Numbers and civil action numbers, organized both in numerical order and by judge) is found at the beginning of Exhibit 1. With respect to cases involving multiple petitioners, and excluding Mohammon v. Bush, 05-CV-2386 (RBW) and Al-Halmandy v. Bush, 05-CV-2385 (RMU) -- two cases involving exceptionally large numbers of petitioners -- a separate status report is provided for each individual petitioner currently detained at Guantanamo Bay. Further, respondents have noted the existence of duplicate habeas corpus petitions filed by the petitioner, if any, in the caption of each individual status report, but note for purposes of clarity that the first-listed case in the caption is the operative petition addressed in the report and, accordingly, the report provides information about the status of that particular case. With respect to Al-Halmandy and Mohammon, respondents have submitted one combined status report for each case. Additionally, because the approximately 200 petitioners in Al-Halmandy and Mohammon account for the majority of duplicate petitions filed in these cases, respondents also intend to address the status of the duplicate petitioners in the joint report that the Court has directed the parties to file relating, inter alia, to that issue, on July 21, 2008. Respondents have not prepared individual status reports for two categories of petitioners due to the unique status of these petitioners. First, respondents have not been able to identify a

number of petitioners in the above-captioned cases as current or former detainees at Guantanamo Bay. A list of these petitioners is attached hereto as Exhibit 2. Because these petitioners have not been identified as Guantanamo Bay detainees, the petitions should be dismissed. Second, a large number of petitioners whom respondents have identified are no longer detained at Guantanamo Bay. A list of these petitioners is attached hereto as Exhibit 3. In light of these petitioners' release from United States custody, the claims of these petitioners should be dismissed as moot. Indeed, some of these petitions were previously dismissed by the judges originally assigned to handle the cases. Respondents' position is that all of these previouslydismissed cases should remain dismissed and all pending petitions brought by or on behalf of petitioners listed on Exhibit 3 should be dismissed as to such petitioners as moot. Dated: July 18, 2008 Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JOHN C. O'QUINN Deputy Assistant Attorney General /s/ Judry L. Subar /s/ Andrew I. Warden JOSEPH H. HUNT (D.C. Bar No. 431134) VINCENT M. GARVEY (D.C. Bar No. 127191) JUDRY L. SUBAR (D.C. Bar 347518) TERRY M. HENRY ANDREW I. WARDEN (IN Bar 23840-49) PAUL E. AHERN Attorneys United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., N.W. Washington, DC 20530 Tel: [phone] Fax: [phone] Attorneys for Respondents