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IN THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT

No.

IN RE MOATH HAMZA AHMED AL-ALWI,

Petitioner.

PETITION FOR A WRIT OF MANDAMUS DIRECTING THE
UNITED STATES DISTRICT COURT TO DECIDE RESPONDENTS'
MOTION TO DISMISS OR FOR JUDGMENT

Ramzi Kassem
Supervising Attorney
Zebra Asghar
Catherine Austin
Asima Chaudhary
Student Attorneys
Main Street Legal Services, Inc.
City University of New York
School ofLaw
2 Court Square
Long Island City, NY 1110 1
(t) (718) 340-4558
(f) (718)340-4478
(e) ramzi.kassem@law.cuny.edu

John J. Connolly
Zuckerman Spaeder LLP
100 E. Pratt St., Suite 2440
Baltimore, MD 21202
(t) (410) 332-0444
(f) (410) 659-0436
(e) jconnolly@zuckerman.com

Counsel for Petitioner
Date: December 5, 2016

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TABLE OF CONTENTS

Page
TABLE OF AUTHORITIES ................................................................................ iii
RELIEF SOUGHT ................................................................................................. !
ISSUE PRESENTED .............................................................................................. 1
STATEMENT OF FACTS ..................................................................................... I
REASONS FOR ISSUING THE WRIT ............................................................... 5
CONCLUSION ....................................................................................................... 9
ADDENDUM TO PETITION FOR WRIT OF MANDAMUS ........................ 10
CERTIFICATE OF SERVICE ........................................................................... 16
CERTIFICATE AS TO DISCLOSURE STATEMENT ................................... 17
CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES
PURSUANT TO CIRCUIT RULE 28(a)(l) ........................................................ 18

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TABLE OF AUTHORITIES
Cases

Al Alwi v. Obama, 653 F.3d 11 (D.C. Cir. 2011), cert. denied, 132 S. Ct. 2739
(2012) .................................................................................................................... 2

* Boumediene v. Bush,

553 U.S. 723,729:30, 795,797, 798 (2008) ........... 2, 3, 5, 6

*Cheney v. US. District Court for the DistrictofColumbia, 542 U.S. 367, 380
(2004) .................................................................................................................... 4
Virginia v. Rives, 100 U.S. 313,323-24 (1879) ....................................................... 4
Hamdi v. Rumsfeld, 542 U.S. 507, 520, 521 (2004) ................................................. 3
La Buy v. Howes Leather Co., 352 U.S. 249 (1957) ................................................. 4
Roche v. Evaporated MilkAss'n, 319 U.S. 21,27 (1943) ......................................... 5
Will v. Calvert Fire Ins. Co., 437 U.S. 655, 661-62 ................................................. 4
Statutes

28 U.S.C. §1651 .................................................................................................... 1, 3

*Authorities upon which we chiefly rely are marked with asterisks.

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RELIEF SOUGHT
Petitioner Moath al-Alwi is entitled to prompt adjudication of his Petition for
Writ of Habeas Corpus, and should not bear the cost of further delay. Pursuant to
28 U.S.C. § 1651, Mr. al-Alwi respectfully petitions this Court to issue a writ of
mandamus in aid of its appellate jurisdiction, directing the U.S. District Court for
the District of Columbia to decide forthwith Respondents' Motion to Dismiss or
for Judgment, which has been fully briefed and pending since November 24, 2015.
ISSUE PRESENTED
Whether the court below has a clear duty to decide Respondents' Motion to
Dismiss, which has been fully briefed by both parties and pending for one year,
since November 24, 2015, when Mr. al-Alwi is entitled to prompt review of his
habeas petition.
STATEMENT OF FACTS
I.

FACTUALBACKGROUND

Petitioner Moath al-Alwi, a Yemeni citizen, was born in 1979 and raised in a
large family in the Kingdom of Saudi Arabia, where his family continues to reside
today. Between late 2000 and early 2001, Mr. al-Alwi left Saudi Arabia for
Afghanistan. After the United States launched its bombing operations on October
7, 2001, Mr. al-Alwi fled for safety to Pakistan.

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During this period, the U.S. government distributed flyers throughout
northern Pakistan and Afghanistan offering substantial monetary awards in
exchange for turning in "suspicious" people. This practice led to bounty huntersoften Pakistani government officials or local residents, tribesmen, and militia
members-opportunistically capturing 689 individuals, many if not most on the
basis of their Arab ethnicity. Consequently, 369 of these individuals were sold to
the United States, usually for $5,000 each, with little or no vetting or process,
earning the government of Pakistan millions of dollars in prize money. See Craig
Whitlock, Bounties a Bust in Hunt for Al-Qaeda, Washington Post, World, May
17, 2008; 1 Pervez Musharraf, In the Line of Fire: A Memoir 239-43 (Free Press
2006).
Upon arr1vmg m Pakistan, Mr. al-Alwi was captured and ultimately
delivered into the custody of the U.S. military, who first rendered Mr. al-Alwi to
Afghanistan. On January 16, 2002, Mr. al-Alwi was then again rendered from
Afghanistan to the U.S. Naval Station at Guantanamo Bay ("Guantanamo") where
he remains to this day.
II.

PROCEDURAL HISTORY

In 2005, Mr. al-Alwi challenged his imprisonment by filing a Petition for the

1 Available

at http://www.washingtonpost.com/wpdyn/content/article/2008/05/16/AR2008051603921.html ?hpid=topnews&sid=ST20
08051801013.
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Writ of Habeas Corpus through a next friend. Following the Supreme Court's
ruling in Boumediene v. Bush, 553 U.S. 723 (2008), that Guantanamo prisoners are
entitled to prompt habeas corpus hearings, Mr. al-Alwi's petition moved forward in
the U.S. District Court for the District of Columbia, which denied the petition. This
Court affirmed, and the Supreme Court ultimately denied Mr. al-Alwi's Petition
for a Writ of Certiori. Al Alwi v. Obama, 653 F.3d 11 (D.C. Cir. 2011), cert.
denied, 132 S. Ct. 2739 (2012).

After the Supreme Court's denial of certiorari on Mr. al-Alwi's first petition,
new factual circumstances developed, entitling Mr. al-Alwi to habeas corpus relief.
Consequently, Mr. al-Alwi filed a new Petition for Writ of Habeas Corpus in the
U.S. District Court for the District of Columbia on May 4, 2015. Alwi v. Obama,
No. 15-CV-681 (RJL), ECF No. 1. In this petition, Mr. al-Alwi asserts that his
continued indefinite imprisonment at Guantanamo is unlawful pursuant to the U.S.
Constitution and laws, including the Authorization for Use of Military Force
("AUMF"), Pub. L. No. 107-40, 115 Stat. 224 (2001), the laws and usages ofwar,
and customary international law. Specifically, Mr. al-Alwi contends that the United
States' detention authority expired with the end of the relevant conflict that led to
his capture and imprisonment fourteen years ago, Operation Enduring Freedom.
Moreover, even if the district court were to find that the conflict leading to his
capture and imprisonment is ongoing, Mr. al-Alwi still respectfully urges that he

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should be released. After almost fifteen years, the circumstance Justice O'Connor
anticipated has come to pass, where conventional understandings of longstanding
principles-including the authority to detain for the duration of the conflict-have
unraveled. See Hamdi v. Rumsfeld, 542 U.S. 507, 521 (2004) (plurality opinion).
Lifetime imprisonment was simply never contemplated by the framers of the
Geneva Conventions.
In response to Mr. al-Alwi's petition, the government filed its Motion to
Dismiss or for Judgment on September 4, 2015. ECF No. 13. Mr. al-Alwi filed his
Opposition to Respondents' Motion to Dismiss on October 30, 2015, ECF No. 16,
and the government replied on November 24, 2015. ECF No. 19. Mr. al-Alwi then
filed a Motion for Oral Argument on the government's pending Motion to Dismiss
on March 14, 2016. ECF No. 22. On April 7, 2016, Mr. al-Alwi also replied to the
government's third Notice of Supplemental Authority to challenge the relevance of
authority cited by the government and suggest that the district court could hear a
discussion of that authority at oral argument. ECF No. 25. The district court has yet
to decide any of these motions.

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REASONS FOR ISSUING THE WRIT
Petitioner Moath al-Alwi has a right to prompt habeas review and should not
bear the cost of delay. See Boumediene, 553 U.S. at 795 ("[T]he costs of delay can
no longer be borne by those who are held in custody. The detainees in these cases
are entitled to a prompt habeas corpus hearing.") (emphasis added). This Court has
the authority to issue writs of mandamus in aid of its jurisdiction. La Buy v. Howes

Leather Co., 352 U.S. 249 (1957) (holding that power of Courts of Appeals to
issue writs of mandamus in aid of jurisdiction survived recodification of All Writs
Act of 1948 into 28 U.S.C. §1651(a)). Therefore, this Court should issue a writ of
mandamus to compel the district court to adjudicate Respondents' Motion to
Dismiss or for Judgment.
The Supreme Court has held that "[t]here can be no doubt that, where a
district court persistently and without reason refuses to adjudicate a case properly
before it, the court of appeals may issue the writ 'in order that [it] may exercise the
jurisdiction of review given by law."' Will v. Calvert Fire Ins. Co., 437 U.S. 655,
661-62 (second alteration in original) (quoting Insurance Co. v. Comstock, 21
L.Ed. 493 (1873)). Indeed, the writ of mandamus permits an appellate court in
extraordinary circumstances to compel a lower court to perform a ministerial act or
mandatory duty. See Virginia v. Rives, 100 U.S. 313,323 (1879) ("[A writ] may be
said to be an established remedy to oblige inferior courts and magistrates to do that

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justice which they are in duty, and by virtue of their office, bound to do."); see also

Roche v. Evaporated Milk Ass 'n, 319 U.S. 21, 27 (1943) (recognizing writ is
appropriate when district court refuses to "adjudicate issues properly presented to
it").
Three conditions must be satisfied before a court may issue a writ of
mandamus. See Cheney v. United States Dist. Ct. for the Dist. of Columbia 542
U.S. 367, 380 (2004). The petitioner seeking issuance of the writ must have no
other adequate means to attain the relief he desires; the petitioner must satisfy the
burden of showing that his right to issuance of the writ is clear and indisputable;
and the issuing court, in the exercise of its discretion, must be satisfied that the writ
is appropriate under the circumstances. Id. at 380-81.
Mr. al-Alwi satisfies the conditions set out in Cheney. First, Mr. al-Alwi has
no other adequate means to attain the relief he desires because Mr. al-Alwi has no
means to challenge the lawfulness of his detention other than before the U.S.
District Court for the District of Columbia. The only relief available to Mr. al-Alwi
is for the district court to decide the fully briefed and pending dispositive motion
before it.
Second, Mr. al-Alwi has a clear and indisputable right to the issuance of a
writ of mandamus. The Supreme Court has recognized that Guantanamo prisoners
are entitled to the constitutional privilege of habeas corpus review, with the

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understanding that "few exercises of judicial power are as legitimate or as
necessary as the responsibility to hear challenges to the authority of the Executive
to imprison a person." Boumediene, 553 U.S. at 797. Not only are Guantanamo
prisoners entitled to review, "detainees in these cases are entitled to a prompt
habeas corpus hearing" to challenge the legality of their detention. Id. at 795
(emphasis added). Judicial inaction here levies the same heavy cost on Mr. al-Alwi
that the Supreme Court prohibited in Boumediene. See id. at 795 (warning that
"costs of delay can no longer be borne by those who are held in custody"). Each
passing day that Mr. al-Alwi's petition goes without adjudication robs him of his
right to review.
Finally, the writ is appropriate under the circumstances. The Motion to
Dismiss or for Judgment is a dispositive motion that has been pending before the
district court for one year. Mr. al-Alwi's right to prompt habeas review cannot be
vindicated unless the Motion is decided forthwith. The district court is not
fulfilling its duty to perform a lawful exercise of its prescribed jurisdiction. Further
delay on the district court's part also stands in the way of this Court's exercise of
its own jurisdiction on the merits of this matter, which Mr. al-Alwi cannot invoke
until the lower court has ruled on the dispositive motion before it. Mr. al-Alwi thus
respectfully asks this Court to compel the district court to fulfill its duty and rule
on the pending motion.

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In sum, Mr. al-Alwi satisfies all three conditions for issuing a writ of
mandamus. He has no other means of obtaining relief save for adjudication of
Respondents' Motion to Dismiss or for Judgment, long-pending before the district
court. He has a clear and indisputable right to the writ of mandamus, as the
Supreme Court has held that Guantanamo prisoners are entitled to prompt habeas
corpus review to challenge the legality of their detention. And the writ is
appropriate under the circumstances because the district court has not adjudicated
Respondents' Motion to Dismiss or for Judgment for over a year, obstructing this
Court's exercise of its jurisdiction. Mr. al-Alwi therefore respectfully requests that
this Court issue a writ of mandamus to compel the district court to adjudicate
Respondents' Motion to Dismiss or for Judgment.

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CONCLUSION
For the foregoing reasons, this Court should grant the relief requested and
issue a writ of mandamus.
Respectfully submitted,

~-------------

Ramzi Kassem
Supervising Attorney
Zehra Asghar
Catherine Austin
Asima Chaudhary
Student Attorneys
Main Street Legal Services, Inc.
City University of New York
School ofLaw
2 Court Square
Long Island City, NY 11101
(t) (718) 340-4558
(f) (718) 340-4478
(e) ramzi.kassem@law.cuny.edu

John J. Connolly
Zuckerman Spaeder LLP
100 E. Pratt St., Suite 2440
Baltimore, MD 21202
(t) (410) 332-0444
(f) (410) 659-0436
(e) jconnolly@zuckerman.com

Counsel for Petitioner
Date: December 5, 2016

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IN THE UNITED STATES COURT OF APPEALS·
FOR THE DISTRICT OF COLUMBIA CIRCUIT

No.
IN RE MOATH HAMZA AHMED AL-ALWI,

Petitioner.

ADDENDUM TO PETITION FOR WRIT OF MANDAMUS

Ramzi Kassem
Supervising Attorney
Zebra Asghar
Catherine Austin
Asima Chaudhary
Student Attorneys
Main Street Legal Services, Inc.
City University of New York
School of Law
2 Court Square
Long Island City, NY 11101
(t) (718) 340-4558
(t) (718) 340-4478
(e) ramzi.kassem@law.cuny.edu

John J. Connolly
Zuckerman Spaeder LLP
100 E. Pratt St., Suite 2440
Baltimore, MD 21202
(t) (410) 332-0444
(t) (410) 659-0436
(e) jconnolly@zuckerman.com

Counsel for Petitioner
Date: December 5, 2016

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AL-ALWI v. OBAMA et al, Docket No. 1:15-cv-00681 (D.D.C. May 04, 2015), Court Docket

Current on Bloomberg Law as of Dec. 02, 2016 11 :33:43

U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE#: 1:15-cv-00681-RJL

AL-ALWI v. OBAMA et al
May4, 2015
530 Prisoner Petition: General (Habeas Corpus)
Judge Richard J. Leon
28:2241 Petition for Writ of Habeas Corpus (federa
U.S. Government Defendant
None

Date Filed:
Nature of suit:
Assigned to:
Cause:
Jurisdiction:
Jury demand:

Parties and Attorneys
Petitioner
Representation

MOATH HAMZA AHMED AL-ALWI
John J. Connolly
ZUCKERMAN SPAEDER, LLP

100 East Pratt Street
Suite 2440
Baltimore, MD 21202
(41 0) 332-0444
Fax: (410) 659-0436
jconnollv@zuckerman.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Respondent

BARACK HUSSEIN OBAMA, II
President

Representation

Andrew I. Warden

Ramzi Kassem
2 Court Square
New York, NY 11367
(718) 340-4558
Fax: (718) 340-4455
ramzi.kassem@mail.law.cuny.edu
City University of New York
School of Law
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kristina Ann Wolfe

U.S. DEPARTMENT OF JUSTICE

US DEPARTMENT OF JUSTICE

20 Massachusetts Avenue, NW
Washington, DC 20530
(202) 616-5084
Fax: (202) 305-2685
andrew.warden@usdoj.gov
Federal Programs Branch
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

20 Massachusetts Avenue, N.W.
Suite 7000
Washington, DC 20001
(202) 353-4519
kristina.wolfe@usdoj.gov
Civil Division, Federal Programs
Branch
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Bloomberg Law·

© 2016 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
//PAGE 1

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v. OBAMA et al, Docket No. 1:15-cv-00681 (D.D.C. May 04, 2015), Court Docket
Terry Marcus Henry
U.S. DEPARTMENT OF JUSTICE
20 Massachusetts Avenue, NW
Washington, DC 20530
(202) 514-4107
Fax: (202) 616-8470
terry.henrv@usdoj.gov
Civil Division, Federal Programs
Branch
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Respondent

ASHTON B. CARTER
Secretary of Defense

Representation

Andrew I. Warden
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kristina Ann Wolfe
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Terry Marcus Henry
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Respondent

KYLE J. COZAD
Rear Admiral

Representation

Andrew I. Warden
(See above for address)
LEAD ATTORN'EY
ATTORNEY TO BE NOTICED

Kristina Ann Wolfe
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Terry Marcus Henry
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Respondent

DAVID HEATH
Colonel

Representation

Andrew I. Warden
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Bloomberg Law·

Kristina Ann Wolfe
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

© 2016 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
//PAGE2

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AL-ALWI v. OBAMA et al, Docket No. 1:15-cv-00681 (D.D.C. May 04, 2015), Court Docket
'

Terry Marcus Henry
(See above for address)
LEAD ATIORNEY
ATTORNEY TO BE NOTICED

Docket Entries
Numbers shown are court assigned numbers.

Filing Date

Descript!on

May4, 2015

PETITION for Writ of Habeas Corpus filed by MOAlH HAMZA AHMED AL-ALWI.
(Attachments:# 1 Civil Cover Sheet)(rdj) (Entered: 05/0512015)

May4, 2015

MOTION for Leave to Proceed in forma pauperis by MOATH HAMZA AHMED AL-ALWI (rdj)
(Entered: 05105/2015)

May4,2015

FIAT ORDER granting 2 Motion for Leave to Proceed in forma pauperis "Leave to file without
prepayment of costs GRANTED". Signed by Judge Amit P. Mehta on 4/30/2015. (rdj) (Entered:
05/05/2015)

May 13,2015

Case reassigned to Judge Richard J. Leon as related to case 05-cv-2223. Judge Ketanjl Brown
Jackson no longer assigned to the case. (ztnr, (Entered: 05/14/2015)

July 17,2015

ENTERED IN ERROR. ...SUMMONS Issued (6) as to ASHTON B. CARTER, KYLE J. COZAD,
DAVID HEATH, BARACK HUSSEIN OBAMA, II, U.S. Attorney and U.S. Attorney General.
(md) (Entered: 07/1712015)

July 23, 2015

ORDER: Directing respondent to show cause, within ten (1 0) days of service of a copy of this
Order, why Writ of Habeas Corpus should not Issue. The Clerk Court is directed to furnish a
copy of the Petition and a certified copy of this Order to the U.S. Marshal for purpose of making
service of same on the Respondent, Petitioner's Warden, and the U.S. Attorney for the DC,
Special Pr:oceedings Division. Signed by Judge Richard J. Leon on 07/23115. (tb) Modified on
7123/2015 Qth}. (Entered: 07/23/2015)

6

Aug 3, 2015

Unopposed MOTION for Extension of Time to Respond to Petition for Writ of Habeas Corpus
by ASHTON B. CARTER, KYLE J. COZAD, DAVID HEATH, BARACKHUSSEIN OBAMA, II
(Attachments:# 1 Text of Proposed Order)(Warden, Andrew)
08/03/2015)

7

Aug4, 2015

NOTICE of Appearance by Terry Marcus Henry on behalf of All Defendants (Henry, Terry)
(Entered: 08104/2015)

Entry#
L

4

~"~~------~- -~-~-

10

~~-~-~--~~~~~------~--

Aug 7, 2015

MINUTE ORDER granting 6 Respondents' Unopposed Motion for Extension of Time to
Respond to Petition for Writ of Habeas Corpus. It is hereby ORDERED that the motion Is
GRANTED. It Is further ORDERED that the respondents shall have up to and including
September 4, 2015 to file a response to the petition. Signed by Judge Richard J. Leon on
8/7/15. (lcrjl1,) (Entered: 08107/2015)

Aug 7, 2015

Set/Reset Deadlines: Response due by 9/4/2015. (tb) (Entered: 08/07/2015)

Aug 12,2015

SHOW CAUSE ISSUED as to ASHTON B. CARTER, KYLE J. COZAD, DAVID HEAlH,
BARACK HUSSEIN OBAMA, II, Warden, U.S. Attorney for the District of Columbia, Spedal
Proceedings Division pursuant to Order to Show cause 5 Date of Service of show cause order
7/23/2015. (md) (Entered: 0811212015)

Aug 21,2015

MOTION for Protective Order Gov~rnlng Guanlanamo Bay Habeas Litigation by ASHTON B.
CARTER, KYLE J. COZAD, DAVID HEAlH, BARACK HUSSEIN OBAMA, II (Attachments:# 1
Text of Proposed Order)(Warden, Andrew) (Entered: 08/21/2015)

Aug 24,2015

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United
States AHorney. Date of Service Upon United States Attorney on 8120/2015. Answer due for
ALL FEDERAL DEFENDANTS by 10/19/2015. (It) (Entered: 08/2512015)

Sept3,2015

ORDER: Having considered the respondents 9 Motion for Entry of the Guantanamo Bey
Habeas Corpus Protective Order; it is hereby ordered that the motion is GRANTED. Signed by
Judge Richard J. Leon on 09/03/15. (tb) (Entered: 0910312015)

Bloomberg Law*

© 2016 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
//PAGE 3

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AL-ALWI v. OBAMA et al, Docket No. 1:15-cv-00681 (D.D.C. May 04, 2015), Court Docket
Sept4, 2015

NOTICE of Classified Filing: Respondents' Response to Petition for Writ of Habeas Corpus and
Motion to Dismiss or for Judgment by ASHTON B. CARTER, KYLE J. COZAD, DAVID HEATH,
BARACK HUSSEIN OBAMA, II (Warden, Andrew) (Entered: 09/04/2015)

Sept4,2015

MEMORANDUM re 11 Order on Motion for Protective Order by MOATH HAMZA AHMED ALALWI. (Kassem, Ramzi) (Entered: 09/04/2015)

Sept14,2015

Unopposed MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by
MOATH HAMZAAHMED AL-ALWI (Kassem, Ramzi) (Entered: 09/1412015)

Sept21, 2015

MINUTE ORDER granting 14 Petitioner's Unopposed Motion for Extension of Time to Respond
to Motion to Dismiss. It is hereby ORDERED that the motion is GRANTED. lt is further
ORDERED that petitioner shall have up to and including October 30, 2015 to file a response to
respondents' motion to dismiss. Signed by Judge Richard J. Leon on 9/21/15. (lcrjl1,)
(Entered: 09121/2015)

Sept22,2015

Set/Reset Deadlines: Response to Dispositive Motions due by 10{30/2015. (tb) (Entered:
09/22/2015)

Sept23,2015

NOTICE of Public Filing of Respondents' Response to the Petition for Writ of Habeas Corpus
and Motion to Dismiss or for Judgment by ASHTON B. CARTER, KYLE J. COZAD, DAVID
HEATH, BARACK HUSSEIN OBAMA, II (Attachments:# 1 Memorandum,# 2 Exhibits 1-17, #
3 Exhibits 18-48)(Warden, Andrew) (Entered: 09/2312015)

Oct 30, 2015

RESPONSE re 15 Notice (Other). Motion to Dismiss filed by MOATH HAMZA AHMED ALALWI. (Kassem, Ramzi} (Entered: 1013012015)

Nov 5, 2015

First MOTION for Extension of Time to File Response/Reply In Support of Respondents' Motion
to Dismiss or for Judgment by ASHTON B. CARTER, KYLE J. COZAD, DAVID HEATH,
BARACK OBAMA (Attachments:# 1 Text of Proposed Order)(Warden, Andrew) (Entered:
11/0512015)

Nov 20,2015

NOTICE of Appearance by John J. ConnoHy on behalf of MOATH HAMZA AHMED AL-ALWI
(Connony, John) (Entered: 11/20/2015)

Nov 23,2015

MINUTE ORDER granting 17 MOTION for Extension of Time to File Reply. It is hereby
ORDERED that respondents' reply in support of respondents' motion to dismiss shall be filed
on or before November 24, 2015. Signed by Judge Richard J. Leon on 11/23/15. (lcrjl1, )
(Entered: 11/23/2015)

Nov 24,2015

REPLY re 12 Notice (Other), 15 Notice (Other), 16 Response to Document Respondents'
Reply Memorandum In Support of Motion to Dismiss or for Judgment filed by ASHTON B.
CARTER, KYLE J. COZAD, DAVID HEATH, BARACK OBAMA (Attachments:# 1 Exhibit
Index of Respondents' Exhibits,# 2 Exhibit 49, # 3 Exhibit 50,# 4 Exhibit 51,# 5 Exhibit 52,# 6
Exhibit 53,# 7 Exhibit 54,# 8 Exhibit 55,# 9 Exhibit 56,# 10 Exhibit 57,# 11 Exhibit 58,# 12
Exhibit 59,# 13 Exhibit 60, # 14 Exhibit 61, # 15 Exhibit62)(Warden, Andrew) (Entered:
11/2412015)

Nov 30,2015

Set/Reset Deadlines: Reply to Dispositive Motion due by 11/24/2015. (tb) (Entered:
11/30/2015)

20

Dec 18,2015

NOTlCE OF SUPPLEMENTAL AUTHORITY by ASHTON B. CARTER, KYLE J. COZAD,
DAVID HEATH, BARACK OBAMA (Attachments:# 1 Exhibit 63, # 2 Exhibit 64, # 3 Exhibit
65)(Warden, Andrew) (Entered: 12/1812015)

ll

Feb 23,2016

NOTICE OF SUPPLEMENTAL AUTHORITY by ASHTON B. CARTER. KYLE J. COZAD,
DAVID HEATH, BARACK H. OBAMA (Attachments:# 1 Ex. 66- Lewis Declaration, #2 Ex. 67
-Campbell Statement)(Warden, Andrew) (Entered: 02/23/2016)

22

Mar 14,2016

Unopposed MOTION for Hearing (oral argument) by MOATH HAMZA AHMED AL-ALWI
(Attachments: # 1 Exhibit 1 -- Warafi Vacatur, # 2 Exhibit 2 -- Kandari Vacatur)(Kassem,
Ramzi) (Entered: 03/14/2016)

1L

--- - ---·' _,-.-

23

Mar 16, 2016

RESPONSE re 22 Unopposed MOTION for Hearing (oral argument) and Response to
Petitioner's Notice of Supplemental Authority filed by ASHTON B. CARTER, KYLE J. COZAD,
DAVID HEATH, BARACK H. OBAMA (Warden, Andrew) (Entered: 03/1612016)

24

Apr5, 2016

NOTICE OF SUPPLEMENTAL AUTHORITY by ASHTON B. CARTER. KYLE J. COZAD,
DAVID HEATH, BARACK H. OBAMA (Warden, Andrew) (Entered: 04/05/2016)

Apr7,2016

RESPONSE re 24 NOTICE OF SUPPLEMENTAL AUTHORITY by MOATH HAMZA AHMED

--"

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Page 18 of 21

AL-ALWI v. OBAMA et al, Docket No. 1:15-cv-00681 (D. D.C. May 04, 2015), Court Docket
25

27

AL-ALWI (Kassem, Ramzi) Modified event title on 4/8/2016 (znmw). (Entered: 04/07/2016)
Aug 2, 2016

NOTICE OF SUPPLEMENTAL AUTHORITY by ASHTON B. CARTER, KYLE J. COZAD,
DAVID HEATH, BARACK HUSSEiN OBAMA, II (Attachments:# 1 Exhibit 68, # 2 Exhibit 69, #
3 Exhibit 70, # 4 Exhibit 71, # 5 Exhibit 72, # 6 Exhibit 73, # 7 Exhibit 74)(Warden, Andrew)
(Entered: 08/02/2016)

Sept 26, 2016

NOTICE to the Court by MICHAEL BUMGARNER, GEORGE WALKER BUSH, JAY HOOD,
BARACK HUSSEIN OBAMA, II, DONALD RUMSFELD, MIKE BUMGARNER, GEORGE
WALKER BUSH, JAY HOOD, DONALD RUMSFELD, WADE F. DAVIS, HARRY B. HARRIS,
JR, MIKE BUMGARNER, JAY HOOD, MIKE BUMGARNER, BARACK HUSSEIN OBAMA, II,
TOM COPEMAN, ROBERT M. GATES, BRUCE VARGO, JOHN D. ALTENBURG, JR,
MICHAEL BUMGARNER, GORDON R. ENGLAND, JAY HOOD, DONALD RUMSFELD,
ROBERT GATES, DAVID THOMAS, JR, BRUCE VARGO, NELSON J. CANNON, JAY HOOD,
MIKE BUMGARNER, GEORGE WALKER BUSH, JAY HOOD, NELSON J. CANNON, JAY
HOOD, MIKE BUMGARNER, JAY HOOD, GEORGE WALKER BUSH, BRICE GYURISKO,
BARACK HUSSEIN OBAMA, II, DONALD RUMSFELD, ROBERT GATES, DAVID M.
THOMAS, JR, BRUCE VARGO, MICHAEL BUMGARNER, JAY HOOD, MICHAEL
BUMGARNER, HARRY B. HARRIS, JR, JAY HOOD, DONALD H. RUMSFELD, GEORGE
WALKER BUSH, JAY HOOD, DONALD H. RUMSFELD, ROBERT M. GATES, DAVID M.
THOMAS, JR, BRUCE E. VARGO, ROBERT M. GATES, MIKE BUMGARNER, GEORGE
WALKER BUSH, DONALD RUMSFELD, GEORGE WALKER BUSH, ROBERT M. GATES,
DAVID M. THOMAS, JR, BRUCE VARGO, STEVEN BLAISDELL, TOM COPEMAN, ROBERT
GATES, BRICE GYURISKO, BARACK HUSSEIN OBAMA, II, NELSON J. CANNON, JAY
HOOD, DAVID M. THOMAS, BRUCE VARGO, MIKE BUMGARNER, ROBERT M. GATES,
JEFFREY HABERSON, DONNIE THOMAS, TOM COPERMAN, BRUCE VARGO, MIKE
BUMGARNER, JAY HOOD, MIKE BUMGARNER, ASHTON B. CARTER, JOHN DOE, DAVID
E. HEATH, JOSE R. MONTEAGUDO, NELSON J. CANNON, MICHAEL I. BUMGARNER,
BRICE GYURISKO, DONALD RUMSFELD, ROBERT GATES, BRICE GYURISKO, JAY
HOOD, DAVID M. THOMAS, JR, BRUCE VARGO, MIKE BUMGARNER, GEORGE WALKER
BUSH, HARRY B. HARRIS, JR, JAY HOOD, DONALD H. RUMSFELD, MARK H. BUZBY,
BRUCE VARGO, COMMANDER, JOINT TASK FORCE, GTMO, COMMANDER, PRISON
CAMP, GTMO, JAY HOOD, RICHARD B. CHENEY, JOHN DOE, MICHAEL V. HAYDEN,
CONDOLEEZZA RICE, DONALD RUMSFELD, GEORGE TENET, DAVID M. THOMAS,
BRUCE VARGO, WADE F. DAVIS, HARRY B. HARRIS, JR, MIKE BUMGARNER, BRICE
GYURISKO, JAY HOOD, KYLE J. COZAD, DAVID HEATH, BARACK HUSSEIN OBAMA, II,
ASHTON B. CARTER, PETER J. CLARKE, BARACK HUSSEIN OBAMA, II, BRUCE VARGO
(Attachments:# 1 Declaration of Rear Admiral Peter J. Clarke)(Wolfe, Kristina} (Entered:
09/26/2016}

Sept26,2016

ERRATA to Notice to the Court by ASHTON B. CARTER, KYLE J. COZAD, DAVID HEATH,
BARACK HUSSEIN OBAMA, II 27 Notice {Other),,,, .. filed by ASHTON B. CARTER,
RICHARD B. CHENEY, DAVID HEATH, BRUCE VARGO, MIKE BUMGARNER, NELSON J.
CANNON, GEORGE TENET, DAVID M. THOMAS, MICHAEL I. BUMGARNER, PETER J.
CLARKE, JEFFREY HABERSON, TOM COPERMAN, GEORGE WALKER BUSH, JOHN
DOE, ROBERT GATES, COMMANDER, JOINT TASK FORCE, GTMO, HARRY B. HARRIS,
JR., ROBERT M. GATES, JOSE R. MONTEAGUDO, MICHAEL V. HAYDEN, DONNIE
THOMAS, MICHAEL BUMGARNER, KYLE J. COZAD, JAY HOOD, DONALD H. RUMSFELD,
BRICE GYURISKO, DAVID M. THOMAS, JR., BRUCE E. VARGO, DAVID E. HEATH,
CONDOLEEZZA RICE, DONALD RUMSFELD, DAVID THOMAS, JR., COMMANDER,
PRISON CAMP, GTMO, TOM COPEMAN, STEVEN BLAISDELL, WADE F. DAVIS, JOHN D.
ALTENBURG, JR., MARK H. BUZBY, BARACK HUSSEIN OBAMA, II, GORDON R.
ENGLAND. (Attachments: # 1 Appendix Notice to the Court, # 2 Declaration of Rear Admiral
Peter J. Clarke)(Wolfe, Kristina} (Entered: 09/26/2016)

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/!PAGE 5

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Page 19 of 21

CERTIFICATE OF SERVICE
I hereby certify that on the 5th day of December 2016, copies of the foregoing
Petition for a Writ of Mandamus and its attached Addendum were served by U.S.
Mail, postage prepaid, on the following:
HON. RICHARD J. LEON
U.S. District Court for the District of Columbia
333 Constitution Avenue N.W.
Washington, D.C. 20001
ANDREW I. WARDEN, ESQ.
KRISTINA A. WOLFE, ESQ.
TERRY M. HENRY, ESQ.
U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, NW
Washington, D.C. 20530
(t) (202) 616-5084
(e) Andrew. Warden@usdoj .gov
Counsel for Respondents

RAMZI KASSEM

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 USCA Case #16-5368

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Page 20 of 21

CERTIFICATE AS TO DISCLOSURE STATEMENT
Petitioner is an individual and, as such, is not required to file a Disclosure
Statement pursuant to Rules 26.l(a) and 35(c).

RAMZI KASSEM

17

 USCA Case #16-5368

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Page 21 of 21

CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES
PURSUANT TO CIRCUIT RULE 28(a)(l)
A. Parties and Amici: The following parties appeared before the district court in
Alwi v. Obama, No. 15-CV-681 (RJL)
•
•
•
•
•

Moath Hamza Ahmed Al-Alwi, Petitioner/Plaintiff
President Barack H. Obama, Respondent/Defendant
Secretary of Defense Ashton Carter, Respondent/Defendant
Rear Admiral Kyle Cozad, Respondent/Defendant
Army Col. David Heath, Respondent/Defendant
There are no amici.
B~

Rulings Under Review: Petitioner is challenging the failure by the
district court to make any ruling, either granting or denying, a Motion to Dismiss
or for Judgment, fully briefed and pending since November 24, 2015.
C. Related Cases: Petitioner is not aware of any related cases.

~~
RAMZI KASSEM

18