UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) AL HALMANDY, et al., ) ) Petitioners, ) ) v. ) Civil Action No. 05-2385 (ESH) ) BARACK H. OBAMA, et al., ) ) Defendants. ) __________________________________________)

ORDER

Before the Court is [160] respondents’ motion to dismiss or, alternatively, to hold case in

abeyance for petitioners Saki Bacha (a.k.a. Mohammed Jawad) (ISN 900) and Mohammed

Kameen (ISN 1045), [196] petitioner Jawad’s opposition thereto, and [205] respondents’ reply.

Since respondents filed their motion, the military commission proceedings have been

suspended. As a result, petitioners cannot exhaust their criminal proceedings without suffering

delay. See Order, Al-Dharbi v. Obama, No. 05-cv-2371, Dkt. No. 135 (April 7, 2009); Order,

Alsawam v. Obama, No. 05-cv-1244, Dkt No. 150 (April 15, 2009); also Boumediene v. Bush,

(2008) (requiring “prompt” adjudication of Guantanamo detainees’ habeas

cases). Accordingly, it is hereby

ORDERED that respondents’ motion is DENIED without prejudice. Respondents may

re-file the motion, if appropriate, if the charges sworn against petitioners are referred to a

military commission. It is further

ORDERED that a status conference for petitioner Bacha is set for April 27, 2009, at

10:00 A.M. in Courtroom 14. SO ORDERED.

_________/s/______________ ELLEN SEGAL HUVELLE United States District Judge

Date: April 22, 2009