IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 284

STATUS REPORT by GUANTANAMO BAY DETAINEE LITIGATION. (Dodge, Whitman)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 284

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) IN RE: ) ) GUANTANAMO BAY ) Misc. No. 08-MC-442 (TFH) DETAINEE LITIGATION ) ) Civil Action No. 08-CV-1229 ____________________________________) STATUS REPORT The petitioner, YAKUBI, by and through undersigned counsel, hereby responds to the Court's order of August 15, 2008, with this status report: 1. 2. Counsel recently filed entries of appearance in this case. Counsel will soon file an amended habeas petition in this Court. However, in its

status report, the government asks this Court to dismiss the case as moot, in light of the recent transfer of Mr. Yakubi to "the control of the government of Afghanistan." See Docket No. 6. On the contrary, counsel objects to a dismissal of the petition on this ground. Mr. Yakubi likely remains in the constructive custody of the United States. It appears that Mr. Yakubi remains imprisoned in Afghanistan based upon an agreement with the United States and based upon the "enemy-combatant" label given to Mr. Yakubi by the United States military. Therefore, counsel seeks leave of the Court to file a comprehensive brief in response to the government's motion to dismiss. 3. Counsel has attempted to communicate with Mr. Yakubi and his counsel, if any, in

Afghanistan, but has not succeeded thus far.

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Dated this the 22d day of August, 2008. Respectfully submitted, /s/ W. Matthew Dodge W. MATTHEW DODGE Georgia State Bar No. 224371 /s/ Brian Mendelsohn BRIAN MENDELSOHN Georgia State Bar No. 502031 FEDERAL DEFENDER'S PROGRAM, INC. Suite 1700, The Equitable Building 100 Peachtree Street, N.W. Atlanta, Georgia 30303 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail]

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