''Al-Asadi v. Bush'', No. 1:05-cv-02197, is a writ of

habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...

filed on behalf of

Guantanamo detainee The Guantanamo Bay detention camp, also known as GTMO ( ), GITMO ( ), or simply Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in 2002 by p ...

Mohammed Ahmed Ali Al Asadi The United States has held a total of 115 Yemeni citizens at Guantanamo Bay, forty-two of whom have since been transferred out of the facility. Only Afghanistan and Saudi Arabia had a greater number of their citizens held in the Guantanamo Bay dete ...

before

US District Court Judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one feder ...

Henry H. Kennedy. It was one of over 200 habeas corpus petitions filed on behalf of detainees held in the

Guantanamo Bay detention camp The Guantanamo Bay detention camp, also known as GTMO ( ), GITMO ( ), or simply Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in 2002 by p ...

in Cuba.

Military Commissions Act

The

Military Commissions Act of 2006 The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of ...

mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.

Cited in other habeas petitions

Kennedy's ruling, lifting a stay imposed upon habeas petitions in 2005, pending the resolution of ''

Boumediene v. Bush ''Boumediene v. Bush'', 553 U.S. 723 (2008), was a writ of ''habeas corpus'' petition made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by t ...

,'' was cited in several other habeas petitions.

Boumediene v. Bush

On June 12, 2008, the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...

ruled, in ''

'', that the Military Commissions Act could not remove the right for

Guantanamo captives The Guantanamo Bay detention camp, also known as GTMO ( ), GITMO ( ), or simply Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in 2002 by p ...

to access the US Federal Court system.. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".

Re-initiation

Al Asidi's petition was renewed, as a former captive seeking relief for his former detention. On July 3, 2008,

Thomas F. Hogan issued an order regarding former Guantanamo captives, who might seek relief for their former detentions. That order gave their attorneys until July 14 to respond with a brief status report, if they wanted to continue to proceed. Al Asadi's habeas petition was one of those on Justice Hogan's list. On July 9, 2008,

Zachary Katznelson Zachary Katznelson is an American lawyer and currently the Executive Director of the Independent Rikers Commission. He was formerly Legal Director for the human rights group Reprieve. Katznelson and his colleagues represented over 50 people im ...

filed a statement summarizing the status of this petition, and several others. On July 14, 2008, Andrew I. Warden, a department of Justice official, submitted a motion requesting this and other petitions be dismissed.

References

Guantanamo captives' habeas corpus petitions United States District Court for the District of Columbia cases {{US-case-law-stub