Gherebi, et al. v. Bush, January 31st 2007

Case 1:04-cv-01164-RBW Document 96 Filed 01/31/2007

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Salim Gherebi, Petitioner, v. GEORGE WALKER BUSH, et al., Respondents.	Civil Action No: 04-1164 (RBW)
Isa Ali Abdulla Almurbati, et al., Petitioners, v. GEORGE WALKER BUSH, et al., Respondents.	Civil Action No. 04-1227 (RBW)
Elham Battayav Petitioner, v. GEORGE WALKER BUSH, et al., Respondents.	Civil Action No: 05-714 (RBW)
Karim Bostan Petitioner, v. GEORGE WALKER BUSH, et al.,	Civil Action No. 05-883 (RBW)
Nasrullah Petitioner, v. GEORGE WALKER BUSH, et al., Respondents.	Civil Action No. 05-891 (RBW)
Asim Ben Thabit Al-Khalaqi Petitioner, v. GEORGE WALKER BUSH, et al., Respondents.	Civil Action No. 05-999 (RBW)
Mohammed Amon Petitioner, v. GEORGE WALKER BUSH, et al., Respondents.	Civil Action No. 05-1493 (RBW)
Ameen Mohammad Albkri, et al., Petitioners, v. GEORGE WALKER BUSH, et al., Respondents.	Civil Action No. 05-1639 (RBW)
Abdalhadi M. Al-Sopai, et al., Petitioners, v. GEORGE WALKER BUSH, et al., Respondents.	Civil Action No. 05-1667 (RBW)
Kadeer Khandan Petitioner, v. GEORGE WALKER BUSH, et al., Respondents.	Civil Action No. 05-1697 (RBW)
Issam Hamid Ali Bin Ali Al Jayfi, et al., Petitioners, v. GEORGE WALKER BUSH, et al., Respondents.	Civil Action No: 05-2104 (RBW)
Jabbarov Oybek Jamolivich, Petitioner, v. GEORGE WALKER BUSH, et al., Respondents.	Civil Action No: 05-2112 (RBW)
Amer Mohammon, et al., Petitioners, v. GEORGE WALKER BUSH, et al., Respondents.	Civil Action No: 05-2386 (RBW)
Wasim, et al., Petitioners, v. GEORGE WALKER BUSH, et al., Respondents.	Civil Action No: 06-1675 (RBW)
Majid Khan, et al., Petitioners, v. GEORGE WALKER BUSH, et al., Respondents.	Civil Action No: 06-1690 (RBW)
Haji Wazir, et al., Petitioners, v. DONALD RUMSFELD, et al., Respondents.	Civil Action No: 06-1697 (RBW)

ORDER

On October 17, 2006, Congress enacted the Military Commissions Act of 2006 (“MCA”), Pub. L. No. 109-366, § 7, 120 Stat. 2600, 2636-37 (2006), which, inter alia, amends 28 U.S.C. § 2241 (2000) in a manner that raises serious questions concerning whether this Court retains jurisdiction to hear the above-captioned cases. See 28 U.S.C. § 2241(e). These questions are currently pending resolution in the United States Court of Appeals for the District of Columbia Circuit. Until the District of Columbia Circuit resolves the jurisdictional questions raised by the MCA, it is this Court’s view that it lacks the authority to take any action in these cases. Accordingly, it is hereby

ORDERED that all pending motions in the above-captioned cases are hereby DENIED WITHOUT PREJUDICE until such time as the District of Columbia Circuit resolves the question of this Court’s jurisdiction to adjudicate these cases.^[1] It is further

ORDERED that the above-captioned cases are ADMINISTRATIVELY CLOSED. In the event that the District of Columbia Circuit concludes that this Court retains some degree of jurisdiction over any or all of the above-captioned cases, the matters will be automatically reopened as appropriate.

SO ORDERED this 31st day of January, 2007.

Reggie B. Walton

United States District Judge

1. If the District of Columbia Circuit concludes that this Court retains jurisdiction over these cases, either 1 party may move to reinstate the pending motions.