UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) AMMAR AL-BALUCHI ) a/k/a Ali Abdul Aziz Ali, ) ) Petitioner, ) ) v. ) Civil Action. No. 08-2083 (PLF) ) MARK T. ESPER, ) Secretary of Defense, et al., ) ) Respondents. ) ____________________________________) OPINION Pending before the Court are the motion of petitioner Ammar al-Baluchi and a cross motion from respondents Mark T. Esper (as Secretary of Defense); the Commander of Joint Task Force Guantanamo; and the Commander of Prison Camp Guantanamo (“respondents”). 1 Mr. al-Baluchi is a detainee at Guantanamo Bay Naval Base whom the United States is prosecuting before a military commission for his alleged role in the terrorist attacks of September 11, 2001. He has filed a classified motion for permanent injunction or mandamus to enjoin the capital military commission proceedings [Dkt. No. 200]. Respondents have filed an unclassified cross motion to hold in abeyance the habeas corpus petition, filed in this court over a decade ago, pending completion of the military commission proceedings [Dkt. No. 204]. Upon careful consideration of the briefs, the relevant authorities, the arguments presented at the 1 Mr. al-Baluchi filed suit against the Secretary of Defense in his official capacity. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the current holder of that office, Mark T. Esper, is substituted for his predecessor as party to this litigation. motions hearing held on February 27, 2019, and the record in this case, the Court will grant respondents’ cross-motion and deny Mr. al-Baluchi’s motion. 2 The habeas corpus proceedings in this Court will be stayed pending completion of the military commissions trial and appeal. Also pending before the Court are six procedural motions, which need not be resolved now since the Court is staying the habeas corpus proceedings until completion of the military commission proceedings. The following motions, therefore, will be stayed pending further order of this Court: respondents’ sealed Motion to Deem Protected Information Highlighted in the Accompanying Proposed Public Factual Return for ISN 10018 [Dkt. No. 125]; Mr. al-Baluchi’s Classified Motion for Discovery [Dkt. No. 152]; Mr. al-Baluchi’s Classified Motion Regarding Entry of Redacted Opinions and Orders on Docket [Dkt. No. 155]; Mr. al-Baluchi’s Classified Motion to Modify Protective Order [Dkt. No. 156]; Mr. al-Baluchi’s 2 The following documents and accompanying exhibits are especially relevant to consideration of the motions: Mr. al-Baluchi’s December 2, 2008 Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (“Habeas Pet.”) [Dkt. No. 1]; Respondents’ Status Report of December 22, 2008, (“Dec. 22, 2008 Status Rep.”) [Dkt. No. 7]; Exhibit Narrative to Respondents’ Public Filing of Factual Return, (“Factual Return”) [Dkt. No. 96-1]; January 31, 2018 Joint Status Report, (“Jan. 31, 2008 Joint Status Rep.”) [Dkt. No. 197]; Mr. al-Baluchi’s Classified Updated Motion for Permanent Injunction or Mandamus with respect to Unlawful Trial by Capital Military Commission (“Al-Baluchi Mot.”) [Dkt. No. 200]; Respondents’ Unclassified Updated Memorandum in Opposition to Petitioner’s Motion for Permanent Injunction or Mandamus with Respect ...
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