IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 350

Memorandum in opposition to re (549 in 1:05-cv-02386-UNA, 317 in 1:08-mc-00442-TFH) MOTION Partial and Temporary Relief from Court's July 11, 2008 Scheduling Order re (53 in 1:08-mc-00442-TFH) Scheduling Order, MOTION Partial and Temporary Relief from Court's July 11, 2008 Scheduling Order re (53 in 1:08-mc-00442-TFH) Scheduling Order, MOTION Partial and Temporary Relief from Court's July 11, 2008 Scheduling Order re (53 in 1:08-mc-00442-TFH) Scheduling Order, filed by MAHER EL FALESTENY. (Carpenter, Charles)

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IN RE: GUANTANAMO BAY DETAINEE LITIGATION Doc. 350 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) GUANTANAMO BAY ) DETAINEE LITIGATION ) ) AMER MOHAMMON , et al., ) ) Petitioners, ) ) v. ) ) GEORGE W. BUSH, et al., ) ) Respondents. ) _________________________________) IN RE: Misc. No. 08-442 (TFH) Civil No. 05-2386 (RBW) MAHER EL FALESTENY'S MEMORANDUM IN OPPOSITION TO THE GOVERNMENT'S MOTION FOR EXTENSION OF TIME Petitioner Maher El Falesteny objects to the government's untimely request to extend time to file a return in his case. Given that he has been cleared to leave Guantanamo, and that the record produced so far in his Detainee Treatment Act matter shows that he has never been a combatant of any kind, the requested extension adds insult to the injury to his already extensive unlawful detention. (Falesteny notes that the government is in open violation of the September 2007 order to produce documents entered by the Court of Appeals and intends to file a motion for appropriate relief today). Dockets.Justia.com If the burden of defending its unjustified, and now admittedly pointless, incarceration of Mr. Falesteny is too much for the government to comply with court orders, it should simply release him. Respectfully submitted, Shayana Kadidal (DC # 454248) CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, New York 10012 Tel: (212) 614-6439 Fax: (212) 614-6499 Of Counsel for Petitioner Stephen M. Truitt (DC # 13235 ) 600 Fourteenth Street, N.W. Suite 500, Hamilton Square Washington, DC 20005-2004 Tel: (202) 220-1452 Fax: 202 220 1665 Counsel for Petitioners /s/ Charles H. Carpenter Charles H. Carpenter (DC #432004) William J. Bethune (DC # 66696) PEPPER HAMILTON LLP 600 Fourteenth Street, N.W. Suite 500, Hamilton Square Washington, DC 20005-2004 Tel: (202) 220-1507 Fax: (202) 220-1665 Dated: September 8, 2008 -2-

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