rasul v bush date

October 1, 2020 12:45 pm Published by Leave your thoughts

(lcckk1) (Entered: 11/10/2004), ORDER Addressing Designation Procedures for "Protected Information." Associated Cases: 1:02-cv-00299-CKK,1:02-cv-00828-CKK(MD) (Entered: 10/29/2004), ORDER Requiring Submission of Classified Factual Returns. This decision was affirmed in appeal. MOHAMMED IQBAL's motion for leave to proceed in forma paupris is denied. US Treatment of Guantanamo Detainees’ Procedural Rights.

Signed by Judge Joyce Hens Green on 10-18-04.

(Attachments: # 1 Exhibit 1# 2 Text of Proposed Order)Associated Cases: 1:02-cv-00299-CKK,1:02-cv-00828-CKK(Olson, Lisa) (Entered: 10/04/2004), MOTION to Dismiss or for Judgment as a Matter of Law and Response Pursuant to the Court's Sept. 20, 2004 Order by JOHN D. ALTENBURG JR., GEORGE WALKER BUSH, TERRY CARRICO, GORDON R. ENGLAND, BRICE A. GYURISKO, JAY HOOD, MICHAEL LEHNERT, DONALD RUMSFELD. The Supreme Court, over the administration’s objections, agreed in November 2003 to hear the cases of the Guantánamo detainees, namely Rasul v Bush and al Odah v. Bush. Associated Cases: 1:02-cv-00299-CKK,1:02-cv-00828-CKK(MD) (Entered: 12/08/2004), AMICUS BRIEF by CHARLES B. GITTINGS JR.. (Attachments: # 1 Exhibit 1)Associated Cases: 1:02-cv-00299-CKK,1:02-cv-00828-CKK(cp, ) (Entered: 12/09/2004), CROSS MOTION for Summary Judgment in support of petitioners by CHARLES B. GITTINGS JR. (for scanned image, see doc 139 ). (Attachments: # 1 Exhibit A (Shavers Declaration)# 2 Exhibit B (Boomer Declaration))Associated Cases: 1:02-cv-00299-CKK,1:02-cv-00828-CKK(Patterson, Nicholas) (Entered: 10/18/2005), ORDER referring all motions pertaining to interpretation or construction of any protective order which has been entered in any of these cases to Magistrate Judge Alan Kay; referring to Magistrate Judge Kay all disputes pertaining to logistical issues, such as communications with or visits to clients and counsel. Signed by Judge Joyce Hens Green on 11-15-04. New address: THE LAW OFFICES OF JON W. NORR 641 Indiana Avenue, NW Second Floor Washington DC 20004 (202) 842-2695. 2004. Associated Cases: 1:02-cv-00299-CKK,1:02-cv-00828-CKK(MD) (Entered: 11/01/2004), MOTION for Protective Order by DAVID HICKS. Date Argued; 02-891 Central Laborers' Pension Fund v. Heinz: 04/19/04: 03-526 Schriro v. Summerlin: 04/19/04: 03-334 Rasul v. Bush: 04/20/04: 02-572 Intel Corp. v. Advanced Micro Devices, Inc. 04/20/04: 03-167 United States v. Dominguez Benitez: 04/21/04: 03-358 Department of Transportation v. Public Citizen: 04/21/04: 03-221 Pliler v. Ford: 04/21/04 Become a Monthly Donor, Last Updated:

The District Court dismissed the cases with prejudice on July 30, 2002, on grounds that it did not have jurisdiction because Guantanamo Bay is not a sovereign territory of the United States. Signed by Judge Joyce Hens Green on 01-03-05. We can't call witnesses and see what the real problems are, can we, in creating this new, substantive rule that we're going to let the courts create? Rasul's petitioners differed substantially: they were not nationals of states at war with the US; they denied that they were engaged in acts of aggression against the US; they had neither been given access to any tribunal nor charged with or convicted of any wrongdoing; and they had been imprisoned in territory under US exclusive control. Petitioners, by counsel, shall file with the Court and serve on petitioners' attorneys a reply brief not later than 4/8/02. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:02-cv-00299-CKK,1:02-cv-00828-CKK(Henry, Terry) (Entered: 08/04/2004), STATUS REPORT -- Joint Status Report by GEORGE WALKER BUSH, TERRY CARRICO, MICHAEL LEHNERT, DONALD RUMSFELD. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday. 7th Floor, New York, NY 10012, (212) 614-6427) (cdw) (Entered: 02/20/2002), MOTION filed by petitioner DAVID HICKS, petitioner TERRY HICKS for Joseph Margulies to appear pro hac vice ( MARGULIES & RICHMAN PLC 2520 Park Avenue, South, Minneapolis, MN 55404, (612) 872-4900) (cdw) (Entered: 02/20/2002), MOTION filed by petitioner DAVID HICKS, petitioner TERRY HICKS for William Goodman to appear pro hac vice ( CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor, New York, NY 10012, (212) 614-6427) (cdw) (Entered: 02/20/2002), MOTION filed by petitioner SHAFIQ RASUL, petitioner SKINA BIBI, petitioner ASIF IQBAL, petitioner MOHAMMED IQBAL for Clive A. Stafford Smith to appear pro hac vice ( P.O. Signed by Judge Joyce Hens Green on 10-27-04. Signed by Judge Joyce Hens Green on 10-20-04. Associated Cases: 1:02-cv-00299-CKK,1:02-cv-00828-CKK(MD) (Entered: 12/08/2004), AFFIDAVIT by DAVID HICKS. Because the treaty with Cuba regarding Guantanamo Bay stated that Cuba technically has "complete sovereignty" (though, as the plaintiffs pointed out, the U.S. has all effective powers in the area), the court held, Guantanamo Bay could not be considered a sovereign territory of the United States and therefore foreign nationals could not be given a trial in the U.S.

Wilke, Christiane (2005).

(lcckk1) (Entered: 07/26/2004), ORDER requiring joint status report by August 5, 2004. Signed by Judge Joyce Hens Green on 11-23-04. (N) (dot) (Entered: 02/26/2002), ORDER by Judge Colleen Kollar-Kotelly : granting motion for William Goodman to appear pro hac vice ( CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor, New York, NY 10012, (212) 614-6427) [5-1] by TERRY HICKS, DAVID HICKS Contingent on certification that he is familiar with the Local Rules of this Court. Petitioners Shall Have Until November 5, 2004 to File Their Replies. Filing fee $ 0.00. Signed by Judge Joyce Hens Green on 12-08-04. Associated Cases: 1:02-cv-00299-CKK,1:02-cv-00828-CKK(td, ) (Entered: 09/01/2004), MOTION for Leave to Appear pro hac vice by Joshua L. Dratel on behalf of DAVID HICKS. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:02-cv-00299-CKK,1:02-cv-00828-CKK(Henry, Terry) (Entered: 09/28/2004), Unopposed MOTION for Extension of Time to File Response/Reply to Certain Claims Raised in Second Amended Petition by JOHN D. ALTENBURG JR., GEORGE WALKER BUSH, TERRY CARRICO, GORDON R. ENGLAND, BRICE A. GYURISKO, JAY HOOD, MICHAEL LEHNERT, DONALD RUMSFELD. (N) (dot) (Entered: 04/22/2002), REPLY by respondents to response in opposition to motion to dismiss first amended petition for writ of habeas corpus [25-1] [26-1] by TERRY CARRICO, MICHAEL LEHNERT, DONALD RUMSFELD, GEORGE WALKER BUSH (bcs) (Entered: 04/30/2002), ORDER by Judge Colleen Kollar-Kotelly : motion hearing set for 2:00 6/26/02 on respondents' motion to dismiss.

Signed by Judge Joyce Hens Green on 10-12-04. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:02-cv-00299-CKK,1:02-cv-00828-CKK(Goldman, Marc) (Entered: 11/01/2004), MOTION for Partial Summary Judgment and opposition to motion to dismiss by DAVID HICKS. (lc, ) (Entered: 03/21/2005), ORDER staying 88 Motion to Dismiss, staying 102 Motion for Partial Summary Judgment, noting that 151 Motion for Discovery was stayed by Judge Green's February 3, 2005 Order. Signed by Judge Joyce Hens Green on 10-29-04. Relying on Johnson v. Eisentrager, the Court reiterated that “aliens detained outside the sovereign territory of the United States [may not] invok[e] a petition for a writ of habeas corpus”. The 6-3 ruling on June 28, 2004, reversed a District Court decision, which held that the Judiciary had no jurisdiction to handle wrongful imprisonment cases involving foreign nationals who are held in Guantanamo Bay. no. Associated Cases: 1:02-cv-00299-CKK,1:02-cv-00828-CKK(Koslowe, Neil) (Entered: 02/03/2005), MEMORANDUM to 160 from Attachment to Petitioners' Notice of Filing Petitioners' Joint Submission Regarding How These Cases Should Proceed. Therefore, Boumediene and Al Odah could continue before the regular US courts. Any motion relating to providing notice of this matter to petitioners and providing access of counsel to petitioners should be filed with the Court and served on respondents' attorneys, by petitoners, through counsel, not later than 3/4/02. Signed by Judge Colleen Kollar-Kotelly on November 14, 2005. The sole question before the Supreme Court in this case is whether foreign nationals in Guantanamo Bay may invoke habeas corpus (wrongful detainment) at all. In the Guantanamo Bay lease agreement between the US and Cuba it was agreed that the US exercise “complete jurisdiction and control” over Guantanamo and may continue to do so indefinitely. (2005). US Extra-territorial detainees Wiki is a FANDOM Lifestyle Community. v. Bush et al., Court documents. (Attachments: # 1 Exhibit A - Docketing of First Session)Associated Cases: 1:02-cv-00299-CKK,1:02-cv-00828-CKK(Patterson, Nicholas) (Entered: 09/28/2005), NOTICE OF FILING OF ADDITIONAL SUPPLEMENTAL AUTHORITY OF PETITIONER DAVID M. HICKS REGARDING THE APPOINTING AUTHORITY'S BIAS (Motion filed October 7, 2005 under seal with the Court Security Officer (Christine Gunning)) by DAVID HICKS Associated Cases: 1:02-cv-00299-CKK,1:02-cv-00828-CKK(Goldman, Marc) (Entered: 10/07/2005), NOTICE OF FILING OF ADDITIONAL SUPPLEMENTAL AUTHORITY OF PETITIONER DAVID M. HICKS REGARDING THE APPOINTING AUTHORITY'S BIAS (Previously Filed with CSO and Cleared for Public Filing) by DAVID HICKS (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)Associated Cases: 1:02-cv-00299-CKK,1:02-cv-00828-CKK(Goldman, Marc) (Entered: 10/07/2005), RESPONSE to Petitioner's "Notice of Additional Supplemental Authority" (dkt. Circuit decision which had held that the judiciary has no jurisdiction to hear any petitions from foreign nationals held in Guantanamo Bay. Vhirte. U.S. Government Defendant, PETITION filed by petitioner SHAFIQ RASUL, petitioner SKINA BIBI, petitioner ASIF IQBAL, petitioner MOHAMMED IQBAL, petitioner DAVID HICKS, petitioner TERRY HICKS for writ of habeas corpus ; affidavits (6), exhibits (6) (cdw) (Entered: 02/20/2002), MOTION filed by petitioner DAVID HICKS, petitioner TERRY HICKS for Anthony Dicaprio to appear pro hac vice ( THE CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, New York, NY 10012, (212) 614-6456) (cdw) (Entered: 02/20/2002), MOTION filed by petitioner DAVID HICKS, petitioner TERRY HICKS for Michael Ratner to appear pro hac vice ( CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway. Signed by Judge Colleen Kollar-Kotelly on July 26, 2004. The cases were appealed together on August 8, 2002, to the United States Court of Appeals for the District of Columbia Circuit. Rasul v. Bush [1] was a petition for a writ of habeas corpus (release from unlawful imprisonment) filed on February 19, 2002 by Asif Iqbal and Shafiq Rasul of British citizenship, and David Hicks of Australian citizenship. And, dismissing the government's claim to the contrary, the Court found that the habeas statute is not dependent upon detainees' citizenship status. ", Justice Scalia on whether the courts or Congress are better suited to rewrite laws: "Can we hold hearings to determine the problems that are bothering you?

If it wanted to change the habeas statute, it could make all sorts of refined modifications about issues that we know nothing whatever about because we have only lawyers before us, we have no witnesses, we have no cross-examination, we have no investigative staff. PACER ($0.00). (Entered: 11/02/2005), MOTION to Stay MILITARY COMMISSION PROCEEDINGS by DAVID HICKS. (Attachments: # 1 Text of Proposed Order Order Regarding How Cases Should Proceed)Associated Cases: 1:02-cv-00299-CKK,1:02-cv-00828-CKK(Koslowe, Neil) (Entered: 02/03/2005), ORDER DENYING MOTION FOR RECONSIDERATION OF ORDER GRANTING STAY PENDING APPEAL. Signed by Judge Joyce Hens Green on 11-18-04. They were transported to the Guantanamo Bay Naval Base and held in military custody. There was some concern in the court that there is a gray area where certain types of cases would fall through the cracks, as it were, because no one has real jurisdiction except the U.S. military.

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