Al Odah v. Bush



Civil Action No. 02-cv-0299 is a habeas corpus petition submitted on behalf of several Guantanamo captives.

Petitions incorporated in 02-cv-0299
On July 26, 2004 US District Court Judge Colleen Kollar Kotelly incorporated several other habeas petitions with 02-cv-0299: Al Odah v. United States, 02cv828 (CKK); Mamdouh v. Bush, 02cv1130 (CKK); Kurnaz v. Bush, 04cv1135 (ESH); Khadr v. Bush, 04cv1136 (JDB); Begg v. Bush, 04cv1137 (RMC); Bechellali v. Bush, 04cv1142 (RJL); El-Banna v. Bush, 04cv1144 (RWR); Gherebi v. Bush, 04cv1164 (RBW); Boumediene v. Bush, 04cv1166 (RJL); Anam v. Bush, 04cv1194 (HHK).

Military Commissions Act
The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.

Boumediene v. Bush
On June 12, 2008, the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right of Guantanamo captives to access the US Federal Court system. It ruled that all previous Guantanamo captives' habeas petitions were eligible to be re-instated.

The judges considering the captives' habeas petitions were to determine if the evidence supporting the allegations that the men and boys were enemy combatants justified a classification as "enemy combatant". If so, the determination implied that the person should continue to be detained.

Eligible to seek relief
On 3 July 2008 US District Court Judge Thomas F. Hogan listed this habeas petition on a list where former captives were eligible to seek relief.