Al Qadir v. Bush

Civil Action No. 08-CV-1185is a writ of habeas corpus filed on behalf of Guantanamo captive Mohammed Abd Al Al Qadir.

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.cite news
url=http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf
title=NOTICE OF MILITARY COMMISSIONS ACT OF 2006
publisher=United States Department of Justice
author=Peter D. Keisler, Douglas N. Letter
date=2006-10-16
accessdate=2008-09-30
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fnatseclaw.typepad.com%2Fnatseclaw%2Ffiles%2FHamdan.28j.letter.pdf&date=2008-09-30 mirror] ]

Publication of captives' CSR Tribunal documents

In September 2007 the Department of Justice published dossiers of unclassified documents arising from the Combatant Status Review Tribunals of 179 captives.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_publicly_filed_CSRT_records.pdf
title=Index for CSRT Records Publicly Files in Guantanamo Detainee Cases
author=OARDEC
publisher=United States Department of Defense
date=August 8 2007
accessdate=2007-09-29] Mohammed Abd Al Al Qadir's documents were not among the 179 published.

Boumediene v. Bush

On June 12 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.

On July 18 2008 Jerry Cohen of Burns & Levinson LLP filed a "Petitioner's status report" on behalf of Mohammed Abd Al Al Qadir.cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/109/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 109 -- Petitioner's status report
publisher=United States Department of Justice
author=Jerry Cohen
date=2008-07-18
accessdate=2008-08-21
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fdocs.justia.com%2Fcases%2Ffederal%2Fdistrict-courts%2Fdistrict-of-columbia%2Fdcdce%2F1%3A2008mc00442%2F131990%2F109%2F0.pdf&date=2008-08-19 mirror] ]

On August 20 2008 Jerry Cohen filed a "Notice of filing protected information" on behalf of Mohammed Abd Al Al Qadir.cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/274/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 274
publisher=United States Department of Justice
author=Sarah Havens
date=2008-07-18
accessdate=2008-08-20
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fdocs.justia.com%2Fcases%2Ffederal%2Fdistrict-courts%2Fdistrict-of-columbia%2Fdcdce%2F1%3A2008mc00442%2F131990%2F274%2F0.pdf&date=2008-08-21 mirror] ]

Cohen wrote that the respondents had not yet filed a "factual return".

Cohen wrote that Mohammed Abd Al Al Qadir had been cleared for release.

Cohen wrote that the camp authorities had a thirty day order to advise Mohammed Abd Al Al Qadir's attorneys of transfers of custody because he feared his safety was at risk if he returned to Algeria.

References