Al Odah v. Bush


Civil Action No. 02-cv-0299 is a habeas corpus petition submitted on behalf of several Guantanamo captives.

Petitions incorporated in 02-cv-0299

On July 26, 2004, US District Court Judge Colleen Kollar Kotelly incorporated several other habeas petitions with 02-cv-0299: Al Odah v. United States, 02cv828 ; Mamdouh v. Bush, 02cv1130 ; Kurnaz v. Bush, 04cv1135 ; Khadr v. Bush, 04cv1136 ; Begg v. Bush, 04cv1137 ; Bechellali v. Bush, 04cv1142 ; El-Banna v. Bush, 04cv1144 ; Gherebi v. Bush, 04cv1164 ; Boumediene v. Bush, 04cv1166 ; Anam v. Bush, 04cv1194.
isnnamenotes
2David Hicks
38Ridah Bin Saleh Al Yazidi
  • 179 captives who had habeas petitions files on their behalf had a dossier of unclassified documents from their Combatant Status Review Tribunals published. But Al Yazidi's documents were withheld. The Bush administration has not offered an explanation as to why his documents were withheld.
  • On July 7, 2008 Brent N. Rushforth filed a "PETITIONER'S UNOPPOSED MOTION TO ENTER PROTECTIVE ORDER"' on behalf of Ridah Bin Saleh Al Yazidi.
  • Ridah Bin Saleh Al Yazidi v. George W. Bush used to be part of Civil Action No. 02-CV-0299, but is now listed as Civil Action No. 07-cv-2337.

    • Military Commissions Act

    The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.

    Boumediene v. Bush

    On June 12, 2008, the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right of Guantanamo captives to access the US Federal Court system. It ruled that all previous Guantanamo captives' habeas petitions were eligible to be re-instated.
    The judges considering the captives' habeas petitions were to determine if the evidence supporting the allegations that the men and boys were enemy combatants justified a classification as "enemy combatant". If so, the determination implied that the person should continue to be detained.

    Eligible to seek relief

    On July 3, 2008, US District Court Judge Thomas F. Hogan listed this habeas petition on a list where former captives were eligible to seek relief.