Jabbarov et al vs. Bush et al

MOTION to Withdraw

D.D.C.September 8, 2006

Approved for Public Filing by the CSO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ––––––––––––––––––––––––––––––––––––––––– x AMER MOHAMMON, et al., Petitioners, v. GEORGE W. BUSH, et al., Respondents. : : : : : : : : : : : ––––––––––––––––––––––––––––––––––––––––– x No. 05-CV-2386 (RBW) MOTION TO WITHDRAW PETITION AS TO PETITIONER ZEIN AL-ABEDEEN (ISN #1095) Petitioner Zein Al-Abedeen (ISN #1095), by and through his undersigned counsel, respectfully submits this motion to withdraw the petition for a writ of habeas corpus filed on his behalf in the above-captioned case.1 Respondents have identified Petitioner Zein Al- Abedeen as “Jumma Jan” with ISN “1095” on the publicly-available list of individuals detained by the Department of Defense between January 2002 and May 15, 2006. Respondents have also identified Petitioner Zein Al-Abedeen as “Zainulabidin Merozhev” with ISN “1095,” who has a duplicate petition pending in Al-Harbi v. Bush, No. 05-2479 (HHK). See Exhibit D to Respondents’ Status Report, Mohammon v. Bush, No. 05-2386 (RBW) (dkt. no. 109). Accordingly, because Petitioner Zein Al-Abedeen currently has two duplicate petitions pending, he respectfully moves to withdraw the petition filed on his behalf in this case so that he may proceed under the petition filed in Al-Harbi. Although the petition in this case 1 This motion is filed solely on behalf of Petitioner Zein Al-Abedeen (ISN #1095), and in no way impacts the claims filed on behalf of the other petitioners in this case. Case 1:05-cv-02386-UNA Document 159 Filed 09/08/2006 Page 1 of 2 - 2 - was filed before the petition in Al-Harbi, Petitioner Zein Al-Abedeen seeks to proceed under the Al-Harbi petition for two reasons. First, he is already represented in Al-Harbi by the law firm of Reed Smith LLP. Second, the Amended Protective Order has been entered in Al-Harbi as to Petitioner Zein Al-Abedeen, and once the petition in this case is withdrawn as to him, he will be permitted access to his counsel in Al-Harbi, who intend to schedule a visit to Guantanamo Bay to meet with him. Moreover, because Respondents have not yet responded to the petition in this case, they would not be prejudiced by the withdrawal of the petition here solely as to Petitioner Zein Al-Abedeen. Dated: New York, New York September 7, 2006 Respectfully submitted, Counsel for Petitioners: /s/ Barbara Olshansky Barbara Olshansky (NY-0057) Gitanjali S. Gutierrez (Pursuant to LCvR 83.2(g)) CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, New York 10012 Tel: (212) 614-6439 Fax: (212) 614-6499 Case 1:05-cv-02386-UNA Document 159 Filed 09/08/2006 Page 2 of 2