15 Cited authorities

Lonchar v. Thomas
517 U.S. 314 (1996) Cited 856 times 3 Legal Analyses
Holding that court of appeals cannot dismiss first habeas petition for special ad hoc equitable reasons, including a mere delay, beyond the framework embodied in statutes, rules, and precedent
Rasul v. Bush
542 U.S. 466 (2004) Cited 547 times 3 Legal Analyses
Holding that § 2241 extends to Guantanamo detainees
Landis v. North American Co.
299 U.S. 248 (1936) Cited 8,248 times 6 Legal Analyses
Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"
Bleitner v. Welborn
15 F.3d 652 (7th Cir. 1994) Cited 104 times
Holding that Respondent's failure to timely respond to petition does not entitle Petitioner to default
In re Guantanamo Detainee Cases
355 F. Supp. 2d 443 (D.D.C. 2005) Cited 43 times 1 Legal Analyses
Noting that other Boumediene petitioners were captured in Gambia, Zambia, Bosnia and Thailand
Khalid v. Bush
355 F. Supp. 2d 311 (D.D.C. 2005) Cited 43 times
Holding that Army Regulations regarding the detainment of prisoners did not create a private right of action
Castillo v. Pratt
162 F. Supp. 2d 575 (N.D. Tex. 2001) Cited 47 times
Denying a motion for an expedited hearing under 28 U.S.C. § 2243 because Rule 8 of the Rules Governing Section 2254 Procedures supersedes the statute's requirements
In re Guantanamo Detainee Cases
344 F. Supp. 2d 174 (D.D.C. 2004) Cited 22 times
Permitting review of sensitive evidence through issuance of a protective order
Hamdan v. Rumsfeld
344 F. Supp. 2d 152 (D.D.C. 2004) Cited 14 times
Civil Action No. 04-1519 JR. November 8, 2004. Joseph M. Mcmillan, Perkins Coie LLP, Seattle, WA, Neal Katyal, Kelly A. Cameron, Perkins Coie, LLP, Washington, DC, for Plaintiff. Brian C. Kipnis, U.S. Attorney's Office, Seattle, WA, Preeya M. Noronha, U.S. Department of Justice, Terry Marcus Henry, Washington, DC, for Defendant. MEMORANDUM OPINION ROBERTSON, District Judge. Salim Ahmed Hamdan petitions for a writ of habeas corpus, challenging the lawfulness of the Secretary of Defense's plan to try
In re Guantanamo Detainee Cases
Civil Action Nos. 02-CV-0299 (CKK), 02-CV-0828 (CKK), 02-CV-1130 (CKK), 04-CV-1135 (ESH), 04-CV-1136 (JDB), 04-CV-1137 (RMC), 04-CV-1144 (RWR), 04-CV-1164 (RBW), 04-CV-1194 (HHK), 04-CV-1227 (RBW), 04-CV-1254 (HHK) (D.D.C. Feb. 3, 2005) Cited 1 times
Civil Action Nos. 02-CV-0299 (CKK), 02-CV-0828 (CKK), 02-CV-1130 (CKK), 04-CV-1135 (ESH), 04-CV-1136 (JDB), 04-CV-1137 (RMC), 04-CV-1144 (RWR), 04-CV-1164 (RBW), 04-CV-1194 (HHK), 04-CV-1227 (RBW), 04-CV-1254 (HHK). February 3, 2005 ORDER GRANTING IN PART AND DENYING IN PART RESPONDENTS' MOTION FOR CERTIFICATION OF JANUARY 31, 2005 ORDERS AND FOR STAY JOYCE GREEN, Senior District Judge Upon consideration of respondents' Motion for Certification of January 31, 2005 Interlocutory Orders for Appeal
Section 2254 - State custody; remedies in Federal courts
28 U.S.C. § 2254 Cited 204,124 times 341 Legal Analyses
Holding that "a determination of a factual issue made by a State court shall be presumed to be correct" and "[t]he applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence"
Section 1292 - Interlocutory decisions
28 U.S.C. § 1292 Cited 22,271 times 193 Legal Analyses
Granting appellate jurisdiction over the denial of an injunction
Section 2243 - Issuance of writ; return; hearing; decision
28 U.S.C. § 2243 Cited 9,831 times 5 Legal Analyses
In 28 U.S.C. § 2243 and 2244, the word "entertain" means a federal district court's conclusion, after examination of the habeas corpus application with such accompanying papers as the court deems necessary, that a hearing on the merits, legal or factual, is proper.
Section 2072 - Rules of procedure and evidence; power to prescribe
28 U.S.C. § 2072 Cited 1,800 times 37 Legal Analyses
Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases

Mousovi et al v. Bush et al

15 Cited authorities

Holding that court of appeals cannot dismiss first habeas petition for special ad hoc equitable reasons, including a mere delay, beyond the framework embodied in statutes, rules, and precedent

Holding that § 2241 extends to Guantanamo detainees

Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"

Holding that Respondent's failure to timely respond to petition does not entitle Petitioner to default

Noting that other Boumediene petitioners were captured in Gambia, Zambia, Bosnia and Thailand

Holding that Army Regulations regarding the detainment of prisoners did not create a private right of action

Denying a motion for an expedited hearing under 28 U.S.C. § 2243 because Rule 8 of the Rules Governing Section 2254 Procedures supersedes the statute's requirements

Permitting review of sensitive evidence through issuance of a protective order

Holding that "a determination of a factual issue made by a State court shall be presumed to be correct" and "[t]he applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence"

Granting appellate jurisdiction over the denial of an injunction

In 28 U.S.C. § 2243 and 2244, the word "entertain" means a federal district court's conclusion, after examination of the habeas corpus application with such accompanying papers as the court deems necessary, that a hearing on the merits, legal or factual, is proper.

Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases