IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1838

Unopposed MOTION to Stay by ABDURAHMAN LNU (Attachments: # 1 Exhibit A- Proposed Order)(Cleary, Amy)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN RE: ) GUANTANAMO BAY ) DETAINEE LITIGATION ) ____________________________________) ) ABDUL RAHMAN AHMED, ) a/k/a ABDUL AL RAHMAN AL ZIAHRI,) a/k/a ABDURAHMAN LNU, ) ) Petitioner, ) v. ) ) BARACK OBAMA, et al., ) ) Respondents. ) ____________________________________) Misc. No. 08-442(TFH)

Civil Action No. 09-0745 (RCL)

UNOPPOSED MOTION FOR A STAY Petitioner Abdul Rahman Ahmed, through undersigned counsel, hereby moves for an indefinite stay of all proceedings in the above-captioned case. In support of this motion, counsel state the following: 1. On December 21, 2005, a petition for writ of habeas corpus was filed in this Court on behalf of Mr. Abdul Rahman Ahmed by Mr. Jamal Abdullah Kiyemba, a fellow detainee at the Guantanamo Bay Naval Base in Cuba, acting as Mr. Ahmed's next friend. 2. On July 29, 2008, Judge Hogan ordered, in cases where a detainee's habeas petition was brought by a person acting as the detainee's next friend, counsel purporting to represent the detainee to file "a signed authorization from the petitioner to pursue this action or a declaration by counsel that states that the petitioner directly authorized counsel to pursue the action and explains why

counsel was unable to secure a signed authorization" within sixty (60) days of the Order. (Order, July 29, 2008 (dkt. no. 524)). 3. On November 14, 2008, the Office of the Federal Public Defender in Ohio was appointed to represent Mr. Ahmed. (Minute Order, Nov. 14, 2008). 4. In February 2009, March 2009, April 2009, and May 2009, undersigned counsel traveled to Guantanamo Bay to meet with Mr. Ahmed and obtain his authorization to represent him in this habeas action. In May of 2009, Mr. Ahmed provided undersigned counsel with direct authorization of representation. (Motion to Lift Stay, June 18, 2009, Exh. 1 (dkt. no. 1226)). 5. In July of 2009, undersigned counsel met again with Mr. Ahmed at Guantanamo Bay and determined an indefinite stay of Mr. Ahmed's case is necessary to allow appointed counsel further investigate Mr. Ahmed's case and the government's allegations against him. 6. Undersigned counsel believes it is in the best interest, and will conserve judicial resources, to stay this case indefinitely, to allow undersigned counsel additional time to meet with Mr. Ahmed and investigate his case. 7. Undersigned counsel agrees the Protective Order entered on September 11, 2008 remains in effect during the period of the stay. 8. Pursuant to Local Rule 7(m), undersigned counsel consulted with counsel for

Respondents and state that counsel for Respondents do not oppose the instant motion for indefinite stay. Both counsel for Respondents and undersigned counsel agree each party reserves the right to move the Court to lift the stay period provided the moving party gives the non-moving party written notice ten (10) days prior to the date of filing the motion to lift the stay.

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WHEREFORE, Mr. Ahmed respectfully requests that this Court grant an indefinite stay of all proceedings. This request is without prejudice to any request for other or additional relief that may be sought in the future. August 7, 2009 Respectfully submitted, /s/ Amy B. Cleary AMY B. CLEARY (LCvR 83.2(e)) Attorney at Law VICKI WERNEKE (LCvR 83.2(e)) Assistant Federal Public Defender CARLOS WARNER (LCvR 83.2(e)) Assistant Federal Public Defender Office of the Federal Public Defender Northern District of Ohio 1660 West Second Street, Suite 750 Cleveland, Ohio 44113 Phone: [phone]: Fax: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] Counsel for Abdul Rahman Ahmed

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