Abdullah v. Bush
Abdullah v. Bush
Opinion of the Court
ORDER
Petitioner Hani Abdullah, a Yemeni national detained at Guantánamo Bay, has
Subjects of His Majesty the King of the Yemen in the United States of America and nationals of the United States of America in the Kingdom of the Yemen shall be received and treated in accordance with the requirements and practices of generally recognized international law. In respect of their persons, possessions and rights, such subjects or nationals shall enjoy the fullest protection of the laws and authorities of the country, and shall not be treated in any manner less favorable than the nationals of any third country.
Agreement Between the United States of America and the Kingdom of Yemen Respecting Friendship and Commerce (May 4, 1946), 60 Stat. 1782 (the “Agreement”). Abdullah argues that the Agreement prohibits the respondent from discriminatorily refusing to repatriate him to Yemen, Petitr.’s Mot. at 19-20, and incorporates international law which prohibits his indefinite detention, id. at 20-22.
The respondents oppose Abdullah’s request, arguing that Abdullah has not shown that any purported violation of the Agreement caused him the requisite irreparable harm, Respts.’ Opp’n at 8, that Abdullah has not shown a likelihood of success on the merits, id. at 12, and that he has not otherwise shown the factors necessary to justify interim release. See Respts.’ Opp’n at 18.
“A preliminary injunction is an ‘extraordinary’ remedy.” Diwan v. EMP Global LLC, 841 F.Supp.2d 246, 249 (D.D.C. 2012) (quoting Mazurek v. Arm-
Abdullah invests the bulk of his efforts in arguing that the Yemen agreement can provide the basis for relief. Even if he is right, he reduces his efforts regarding the remaining factors to little more than saying “[t]he familiar test for the grant of interim injunctive relief is set out in the margin.” See Petitr.’s Mot. at 39; and see Reply at 13-14. If Abdullah seeks pre-adjudication release, he has not made any showing that his case is one where pre-adjudicative release is necessary to effectuate habeas. Nor has he shown a lesser harm to the respondents if they cannot regain his custody should habeas be ultimately found unwarranted, or likewise that the public interest would favor the release now on an as-of-yet unadjudicated habeas claim. If Abdullah does not seek pre-adjudicative release, he has not explained what irreparable injury he faces outside of the injuries addressed by the merits of underlying habeas petition itself if his order is not granted, and he has not explained how the order he seeks would rectify that injury. Nor has he shown the public interest and a lesser harm in precluding ..the executive from making assessments about the stability and safety of nations to which detainees might be transferred. Accordingly, it is hereby
■ ORDERED that the petitioner’s motion [295] for a preliminary injunction be, and hereby is, DENIED.
. Chambers just received from counsel for Abdullah a courtesy copy of a petition filed in the court of appeals for a writ of mandamus directing the district court to decide the pending motion for a preliminary injunction. The petition revealed that this case has been carried on the district court’s electronic docket as “Unassigned.” A resulting inspection of the report chambers routinely generates from the electronic docket for status review listing all civil cases assigned to the undersigned indeed confirmed that this case does not appear on the list of cases carried by the undersigned. No other district judge would be the appropriate one to whom to direct a writ, and the undersigned will address this pending motion.
. The respondents suggest that Abdullah lacks standing to challenge the respondents' suspension of repatriations to Yemen given Yemen’s instability and the respondents' failure to repatriate him to Yemen. Their argument is that since Abdullah believes respondents view him as a detainee too dangerous to repatriate and has not alleged that respondents view him as a Yemeni detainee eligible for repatriation pending improvement in the Yemeni security situation, he cannot show that failure to repatriate him can be traced to the respondents’ decision to suspend repatriations to Yemen. Abdullah makes the fair point that holding this against him would be unfair as long as he is kept from knowing how the respondents have classified him.
.Abdullah's reply could be construed as seeking an order stating that the Geneva Convention prohibits the conditions of his confinement. See Petitr.’s Reply at 19-20. However, the court of appeals has held that "Congress has provided explicitly that the Convention's provisions are not privately enforceable in habeas proceedings.’’ Al-Adahi v. Obama, 613 F.3d 1102, 1111 n. 6 (D.C.Cir. 2010).
Reference
- Full Case Name
- Hani Saleh Rashid ABDULLAH v. George W. BUSH
- Cited By
- 14 cases
- Status
- Published