IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1614

Unopposed MOTION for Extension of Time to File Response/Reply as to (1528 in 1:08-mc-00442-TFH) MOTION to Dismiss, (160 in 1:05-cv-02385-RMU) MOTION to Dismiss or, Alternatively, to Hold in Abeyance by MOHAMMED KAMEEN, SAKI BACHA (Kadidal, Shayana)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 1614

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ________________________________________________ IN RE: GUANTÁNAMO BAY DETAINEE LITIGATION ________________________________________________ AL HALMANDY, et al., Petitioners, v. BARACK H. OBAMA, et al., Respondents. ________________________________________________ PETITIONERS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO RESPONDENTS' MOTION TO DISMISS HABEAS PETITIONS WITHOUT PREJUDICE OR, ALTERNATIVELY, TO HOLD PETITION IN ABEYANCE PENDING COMPLETION OF MILITARY COMMISSION PROCEEDINGS On January 16, 2009, Respondents filed a Motion To Dismiss Habeas Petition Without Prejudice Or, Alternatively, To Hold Petition In Abeyance Pending Completion Of Military Commission Proceedings (Dkt. 160) (the "Motion") against two of the petitioners in the abovecaptioned case, Mohammed Jawad (a/k/a Saki Bacha) and Mohammed Kameen. The basis for the Motion was that active military commission proceedings were ongoing against Petitioners. Petitioners' opposition to the Motion was originally due on January 30, 2009. Petitioners and Respondents jointly filed for "a two-week continuance of Petitioners' time to oppose the Motion, without prejudice to any further request for scheduling relief," while Respondents considered how they intended to proceed in the wake of President Obama's January 22 Executive Order. That Executive Order directed the Secretary of Defense to take steps to ensure that all military No. 05-cv-2385 (RMU) Misc. No. 08-442 (TFH)

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commissions proceedings were halted during the pendency of the executive review of the detentions at Guantánamo mandated by the Executive Order. See Joint Motion for Continuance, Dkt. 169 (filed Jan. 29, 2009); id. Ex. A (executive order). This Court granted the request, making Petitioners' oppositions due on February 13, 2009. See Minute Order (Feb. 2, 2009). Because of unexpected scheduling conflicts with other litigation matters being handled by Petitioners' counsel, and in light of the fact that the prior continuance was requested "without prejudice to any further request for scheduling relief," Petitioners Jawad and Kameen request a short extension of time to respond to the Motion, until Wednesday, February 18, 2009, the second business day after the current due date. Petitioners' counsel have communicated with counsel for the government, Kristina Wolfe, who has informed us that Respondents do not oppose the motion. Accordingly, Petitioners respectfully request that the Court grant an extension of Petitioners' time to oppose the Motion in the above-captioned case until February 18, 2009.

Dated: February 12, 2009 Respectfully submitted, _/s/ Hina Shamsi___________________ Hina Shamsi (admitted pro hac vice) Jonathan L. Hafetz (admitted pro hac vice) American Civil Liberties Union Foundation 125 Broad Street, 18th Floor New York, NY 10004 Phone: [phone] Fax: [phone] [e-mail] Major David J.R. Frakt (admitted pro hac vice) Office of Military Commissions Office of the Chief Defense Counsel 2

Franklin Court Building, Suite 2000D 1099 14th Street, N.W., Suite 119 Washington, D.C. 20005 Phone: [phone], ext. 106 Fax: [phone] [e-mail] _/s/ Arthur B. Spitzer_______________ Arthur B. Spitzer (D.C. Bar No. 235960) American Civil Liberties Union of the National Capital Area 1400 20th Street, N.W., Suite 119 Washington, D.C. 20036 Phone: [phone] Fax: [phone] [e-mail] Counsel for Petitioner Mohammed Jawad _/s/ Shayana Kadidal _______________ Shayana Kadidal (D.C. Bar No. 454248) CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, NY 10012-2317 Phone: [phone] Fax: [phone] [e-mail] Counsel for Petitioner Mohammed Kameen

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ________________________________________________ IN RE: GUANTÁNAMO BAY DETAINEE LITIGATION ________________________________________________ AL HALMANDY, et al., Petitioners, v. BARACK H. OBAMA, et al., Respondents. ________________________________________________ [PROPOSED] ORDER Upon the motion of Petitioners Mohammed Jawad (a/k/a Saki Bacha) and Mohammed Kameen for an extension of time to respond to Respondents' Motion to Dismiss Habeas Petition Without Prejudice or, Alternatively, to Hold Petition in Abeyance Pending Completion of Military Commission Proceedings of January 16, 2009 (Dkt. 160), it is hereby, ORDERED that Petitioners' time to oppose Respondents' Motion to Dismiss Habeas Petition Without Prejudice or, Alternatively, to Hold Petition in Abeyance Pending Completion of Military Commission Proceedings is extended until February 18, 2009. No. 05-cv-2385 (RMU) Misc. No. 08-442 (TFH)

Date: _______________________

________________________________ HON. RICARDO M. URBINA UNITED STATES DISTRICT JUDGE