UNCLASSIFIEOIIFOR PUBLIC RELEASE.
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
MOHAMMED AL-ADAHI, et al.,
Civil Action No.
BARACK H. OBAMA, et al.,
Petitioner Mohammed Al-Adahi (UAl-Adahi" or Uthe Petitioner")
has been detained since 2002 at the United States Naval Base at
Guantanamo Bay Cuba. Respondents ("the Government") argue that his
detention is justified under the Authorization for the Use of
Military Force, Pub. L. No. 107-40 § 2 (a), 115 Stat. 224, 224
("AUMF"), which grants the Executive the power to detain
in certain terrorist activities.
Petitioner disagrees, and has, along with four other petitioners,
filed a petition for a writ of habeas corpus [Dkt. No. IJ.
The matter is before the Court on Cross-Motions for Judgment
on the Record [Dkt. Nos. 373 and 379J. 1 Upon consideration of the
Two of the five Petitioners, •
Two others, •
did file such a Motion, but their cases
were stayed during Al-Adahi' s Hearing. Order (June 25, 2009) [Dkt.
UNCLASSIFIEOIlFOR PUBLIC RELEASE.
did not file Motions
, UNCLASSIFIEDIIFOR PUBLIC RELEASE,
Motions, the Oppositions, extensive oral argument and accompanying
exhibits, and the entire record herein, Al-Adahi's habeas corpus
petition and Motion are hereby granted.
Petitioner filed his habeas corpus petition on February 7,
2005. After filing, there was extensive preliminary litigation
jurisdiction to entertain detainees'
the applicability of various statutes,
appropriate procedures to be used.
After more than six years of litigation, the most important
legal issue was resolved by the Supreme Court in Boumediene v.
Bush, 553 U.S.
,128 S.Ct. 2229 (2008).
The Court ruled that
detainees at Guantanamo Bay, none of whom are citizens of the
United States, are entitled to bring habeas petitions under Article