UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
April 22, 2009
AL HALMANDY, ET AL., PETITIONERS,
BARACK H. OBAMA, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Ellen Segal Huvelle United States District Judge
Before the Court is  respondents' motion to dismiss or, alternatively, to hold case in abeyance for petitioners Saki Bacha (a.k.a. Mohammed Jawad) (ISN 900) and Mohammed Kameen (ISN 1045),  petitioner Jawad's opposition thereto, and  respondents' reply.
Since respondents filed their motion, the military commission proceedings have been suspended. As a result, petitioners cannot exhaust their criminal proceedings without suffering delay. See Order, Al-Dharbi v. Obama, No. 05-cv-2371, Dkt. No. 135 (April 7, 2009); Order, Alsawam v. Obama, No. 05-cv-1244, Dkt No. 150 (April 15, 2009); also Boumediene v. Bush, 128 S.Ct. 2229, 2275 (2008) (requiring "prompt" adjudication of Guantanamo detainees' habeas cases).
Accordingly, it is hereby
ORDERED that respondents' motion is DENIED without prejudice. Respondents may re-file the motion, if appropriate, if the charges sworn against petitioners are referred to a military commission. It is further
ORDERED that a status conference for petitioner Bacha is set for April 27, 2009, at 10:00 A.M. in Courtroom 14.
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