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Halmandy v. Obama

April 22, 2009

AL HALMANDY, ET AL., PETITIONERS,
v.
BARACK H. OBAMA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Ellen Segal Huvelle United States District Judge

ORDER

Before the Court is [160] 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), [196] petitioner Jawad's opposition thereto, and [205] 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.

SO ORDERED.

20090422

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