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 Stipulationsubscribe to see similar legal issues
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 Prejudicesubscribe to see similar legal issues
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 Ordersubscribe to see similar legal issues
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 Accesssubscribe to see similar legal issues
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.