AL-SHIMRANI v. BUSH, 07-5204 (D.C. Cir. 12-27-2007)

Mohammed Abdul Rahman Al-Shimrani, Detainee and Ali Abdul Rahman Al-Shimrani, As next friend of Mr. Mohammed Abdul Rahman Al-Shimrani, Appellants v. George W. Bush, President of the United States, et al., Appellees.

No. 07-5204.United States Court of Appeals, District of Columbia Circuit.
Filed On: December 27, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

BEFORE: Rogers, Garland, and Griffith, Circuit Judges.

Per Curiam.

ORDER
Upon consideration of the order to show cause filed October 9, 2007, and the response in the form of appellants’ motion for remand, the opposition thereto, and the reply; and the cross-motion for summary affirmance and the opposition thereto, it is.

ORDERED that the order to show cause be discharged. It is.

FURTHER ORDERED that the motion for remand be granted and the case be remanded to allow the district court to consider the pending motion for reconsideration under Federal Rule of Civil Procedure 60(b). See Hoai v. Vo, 935 F.2d 308, 312 (D.C. Cir. 1991); Smith v. Pollin, 194 F.2d 349, 350 (D.C. Cir. 1952) (per curiam). It is.

FURTHER ORDERED that the cross-motion for summary affirmance 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Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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 of any timely petition for rehearing or petition for rehearing en banc.See Fed.R.App. 41(b); D.C. Cir. Rule 41.

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