IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 960

NOTICE Of Errata And Transfer Of Petitioner by ROBERT M. GATES, DAVID M. THOMAS, JR, BRUCE VARGO, GEORGE W. BUSH re (7 in 1:08-cv-01227-ESH) Status Report (Marconda, Scott)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) IN RE: ) ) Misc. No. 08-442 (TFH) GUANTANAMO BAY ) DETAINEE LITIGATION ) Civil Action Nos. 08-CV-01227 (ESH) ____________________________________) NOTICE OF ERRATA AND TRANSFER OF PETITIONER Respondents hereby inform the Court that Respondents mistakenly informed the Court in the Respondents' Status Report filed August 1, 2008 in the matter of Hafizullah v. Bush, et al., (1:08-cv-01227-ESH, Dkt#7)("Status Report") that petitioner was currently detained at Guantanamo Bay, Cuba. The United States previously relinquished custody of petitioner Fnu Hafizullah (ISN 965) and transferred him to the control of the Government of Afghanistan on or about December 2006. Respondents have only just discovered this error and apologize to the Court and petitioner's counsel for the mistake and any inconvenience it may have caused. Because the petitioner has been long released from United States custody, this habeas petition was moot when filed on July 17, 2008 (1:08-cv-01227-ESH, Dkt#1), and should be dismissed. Should petitioner continue to pursue the petition, however, at a minimum because petitioner is no longer in United States custody, the case should be re-docketed and proceed, if at all, under In Re: Petitioners Seeking Habeas Corpus Relief In Relation To Prior Detentions At Guantanamo Bay, Misc. No. 08-0444 (TFH). Dated: November 10, 2008 Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JOHN C. O'QUINN Deputy Assistant Attorney General

/s/ Scott M. Marconda_____________ JOSEPH H. HUNT (D.C. Bar No. 431134) VINCENT M. GARVEY (D.C. Bar No. 127191) TERRY M. HENRY ANDREW I. WARDEN (IN Bar No. 23840-49) SCOTT M. MARCONDA (CA Bar No. 144225) Attorneys United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue N.W. Washington, DC 20530 Tel: [phone] Fax: [phone] Attorneys for Respondents