BISMULLAH v. GATES, 06-1197 (D.C. Cir. 2-13-2008)

Haji Bismullah a/k/a Haji Bismillah, and a/k/a Haji Besmella, Haji Mohammad Wali, Next Friend of Haji Bismullah, Petitioners v. Robert M. Gates, Secretary of Defense, Respondent. Huzaifa Parhat, Petitioner v. Robert M. Gates, Secretary of Defense, et al., Respondents. Abdusabour, Petitioner v. Robert M. Gates, U.S. Secretary of Defense, et al., Respondents. Abdusemet, Petitioner v. Robert M. Gates, U.S. Secretary of Defense, et al., Respondents. Jalal Jalaldin, Petitioner v. Robert M. Gates, U.S. Secretary of Defense, et al., Respondents. Khalid Ali, Petitioner v. Robert M. Gates, U.S. Secretary of Defense, et al., Respondents. Sabir Osman, Petitioner v. Robert M. Gates, U.S. Secretary of Defense, et al., Respondents. Hammad, Petitioner v. Robert M. Gates, Secretary of Defense, et al., Respondents.

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Nos. 06-1197, 06-1397, 07-1508, 07-1509, 07-1510, 07-1511, 07-1512, 07-1523.United States Court of Appeals, District of Columbia Circuit.
Filed On: February 13, 2008.

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[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

BEFORE: Ginsburg, Henderson, and Rogers, Circuit Judges.

Per Curiam

ORDER
Upon consideration of respondents’ emergency motion to stay the mandate and for a stay of enforcement in all related cases pending disposition of the Government’s petition for certiorari or, in the alternative, for a temporary stay of enforcement while the Supreme Court considers the Government’s stay request, which we construe as a motion to modify our order of July 20, 2007, and the response thereto, it is

ORDERED that the motion be granted to the extent that, insofar as the order requires the Government to produce record materials or a certified index thereof beyond the record of the Combatant Status Review Tribunal (CSRT Record), the order shall be stayed pending disposition by the Supreme Court of the Government’s anticipated motion for an emergency stay of the above-captioned cases, provided the Government

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files such motion with the Supreme Court and a copy of such motion with this court by February 21, 2008.

This order does not affect (1) the Government’s duty or time within which to produce the CSRT Record or a certified index thereof in any of the above-captioned cases; or (2) any case other than those identified in the caption above.

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