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Anam v. Bush

Citation: Not availableDocket: Civil Action No. 2004-1194

Court: District Court, District of Columbia; March 11, 2013; Federal District Court

Original Court Document: View Document

Narrative Opinion Summary

Petitioner Bisheer al Marwalah's petition for a writ of habeas corpus has been dismissed without prejudice in the case against respondents, including Barack H. Obama. The Protective Order established for counsel access to detainees at Guantanamo Bay, issued by Judge Hogan on September 11, 2008, remains in effect and will continue to govern the petitioner's access to counsel. This access persists even if the petitioner does not have an active case pending. The stipulation allows the parties to seek modifications or relief from any terms of the stipulation or the Protective Order at any time. The court retains jurisdiction to enforce the stipulation. The order was signed by Judge Thomas F. Hogan on February 9, 2013.

Legal Issues Addressed

Court's Jurisdiction to Enforce Stipulation

Application: The court maintains jurisdiction to enforce the stipulation related to the Protective Order.

Reasoning: The court retains jurisdiction to enforce the stipulation.

Dismissal Without Prejudice

Application: The court dismissed the petition for a writ of habeas corpus without prejudice, allowing for the possibility of future action.

Reasoning: Petitioner Bisheer al Marwalah's petition for a writ of habeas corpus has been dismissed without prejudice in the case against respondents, including Barack H. Obama.

Modification of Protective Order

Application: Parties are allowed to seek changes or relief from the terms of the Protective Order at any time.

Reasoning: The stipulation allows the parties to seek modifications or relief from any terms of the stipulation or the Protective Order at any time.

Protective Order for Counsel Access

Application: The existing Protective Order continues to ensure counsel access for Guantanamo Bay detainees, regardless of the status of their cases.

Reasoning: The Protective Order established for counsel access to detainees at Guantanamo Bay, issued by Judge Hogan on September 11, 2008, remains in effect and will continue to govern the petitioner's access to counsel.