Mohamed Abdulmalik and Salim Juma Khamisi, as Next Friend, Petitioners v. Robert M. Gates, U.S. Secretary of Defense, Respondent.

No. 08-1130.United States Court of Appeals, District of Columbia Circuit.
Filed On: August 25, 2008.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

BEFORE: Tatel, Griffith, and Kavanaugh, Circuit Judges.

Per Curiam.

ORDER
Upon consideration of the motion for leave to proceed in forma pauperis; the motion to dismiss for lack of jurisdiction, the opposition thereto, and the reply; and the motion for entry of a protective order and the response thereto, it is

ORDERED that the motion for leave to proceed in forma pauperis be granted. It is

FURTHER ORDERED that the motion to dismiss be granted. Because no Combatant Status Review Tribunal (“CSRT”) hearing has been conducted and the CSRT has not issued a final decision, this court lacks jurisdiction over petitioner’s Detainee Treatment Act petition. See
Section 1005(e)(2)(A)-(B) of the Detainee Treatment Act, Pub.L. No. 109-148, 119 Stat. 2680 (2005). To the extent petitioner is seeking relief in the nature of habeas, such claims are properly brought in the district court in the first instance.See Fed.R.App.P. 22(a); Felker v.Turpin, 518 U.S. 651, 660-61 (1996). It is

FURTHER ORDERED that the motion for entry of a protective order be dismissed as moot.

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution

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of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.

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