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OBAYDULLAH v. OBAMA

No. 09-5328.

609 F.3d 444 (2010)

OBAYDULLAH, Detainee, Guantanamo Bay and Sami Al Hajj, as next friend of Obaydullah, Appellants v. Barack OBAMA, President of the United States and Robert M. Gates, Secretary of Defense of the United States of America, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 2010.

Attorney(s) appearing for the Case

Ranjana Natarajan argued the cause for appellant Obaydullah. With her on the briefs were Kristine A. Huskey, Anne Richardson, Dan Stormer, and Pardiss Kebriaei.

Robert M. Loeb, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief was Sydney Foster, Attorney. August E. Flentje, Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

In July 2008 the Appellant, known only as Obaydullah, petitioned the district court for a writ of habeas corpus, challenging the lawfulness of his detention at the Naval Station at Guantanamo Bay, Cuba. In December the district court stayed Obaydullah's petition because military commission charges had been sworn against him. Although no military commission proceeding had yet begun—indeed, still has not begun—the district court...

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