User:Geo Swan/Guantanamo/habeas/Al-Marri v. Bush: Difference between revisions
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| quote=The only other requirement for issuing a preservation order is easily met. As the District Court has found in a similar proceeding, “entering a preservation order [against Respondents] will inflict no harm or prejudice upon them.” Jarallah Al-Marri v. Bush, Civ. No. 04-2035 (GK). |
| quote=The only other requirement for issuing a preservation order is easily met. As the District Court has found in a similar proceeding, “entering a preservation order [against Respondents] will inflict no harm or prejudice upon them.” Jarallah Al-Marri v. Bush, Civ. No. 04-2035 (GK). |
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}} [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.pegc.us%2Farchive%2FDC_Gitmo_Cases_JHG%2FAlSalami_EmergencyMotionforPreservation.pdf&date=2008-09-30 mirror] |
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|format=PDF}} [http://www.webcitation.org/query?url=http%3A%2F%2Fnatseclaw.typepad.com%2Fnatseclaw%2Ffiles%2FHamdan.28j.letter.pdf&date=2008-09-30 mirror] |
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Revision as of 00:10, 13 October 2008
Al-Marri v. Bush (Civil Action No. 04-cv-2035) is a writ of habeas corpus filed on behalf of Guantanamo captive Jarallah Al-Marri.
A [[US District Court Judge ordered that the Department of Defense was not allowed to destroy evidence.[1]
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.[2]
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 August 4 2008 US District Court Judge Gladys Kessler issued an order that since the DoD has said Al-Marri had recently been repatriated to Qatar his attorneys had until August 15 2008 to show cause why his habeas petition should not be dropped.[3]
References
- ^
"Salah Ali Abdullah Ahmed Al Salami v. George W. Bush -- Civil Action No. 05-CV-2452" (PDF). United States Department of Justice. Retrieved 2008-09-30.
The only other requirement for issuing a preservation order is easily met. As the District Court has found in a similar proceeding, "entering a preservation order [against Respondents] will inflict no harm or prejudice upon them." Jarallah Al-Marri v. Bush, Civ. No. 04-2035 (GK).
mirror - ^ Peter D. Keisler, Douglas N. Letter (2006-10-16). "NOTICE OF MILITARY COMMISSIONS ACT OF 2006" (PDF). United States Department of Justice. Retrieved 2008-09-30. mirror
- ^ Gladys Kessler (2008-08-04). "Guantanamo Bay Detainee Litigation: Doc 247" (PDF). United States Department of Justice. Retrieved 2008-09-30. mirror