Case Document 1 Filed 07/17/09 Page 1 of 7 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JUL 1 7 2009 Clerk, 5 Dis - - Bankruptcy Courtind HAJJI NASSIM, AKA. HAROON AL- AFGHANI, AKA MOHAMMED NASEEM (ISN 10028), 1 Detainee, US Naval Station Guantanamo Bay, Cuba, Case: 1:09?cv?01332 Petitioner, Assigned To Kennedy, Henry H. Assign. Date 0711772009 V. Description: Habeas Corpus/2255 1 BARACK H. OBAMA, President, ROBERT M. GATES, Secretary of Defense, a: REAR ADMIRAL Tom Copeman, Commander, 11 Joint Task Force Guantanamo, ARMY COL. BRUCE VARGO, Commander, mi"; .43, Joint Detention Group, Joint Task Force 12?} Guantanamo Li? a .2 I 1 Respondents. rip: .1 .1 5.1 :51 PETITION FOR WRIT OF HABEAS CORPUS Petitioner, Hajji Nassim, a detainee at United States Naval Station Guantanamo Bay, Cuba (?Guantanamo?), respectfully petitions for a writ of habeas corpus. I. JURISDICTION 1. The jurisdiction of this Court rests on 28 U.S.C. 1331 (federal question) and US. Const. art. I 9 (Suspension Clause) II. VENUE Case Documentl Filed 07/17/09 Page20f7 2. Venue lies in this judicial district under 28 U. S.C. 1391(e) because (1) Respondents are officers or employees of the United States acting in their o?icial capacities or under color of legal authority, (2) one or more Respondents reside in this judicial district, and (3) a substantial part of the events or omissions giving rise to Petitioner?s the claim occurred in this judicial district. 11. PARTIES 3. Petitioner, Hajji Nassim, is a prisoner at Guantanamo. 4. Respondent Barack H. Obama is President of the United States. President Obama is sued in his of?cial capacity, 5. Respondent Robert M. Gates is the Secretary of Defense. He is sued in his of?cial capacity. 6. Respondent Rear Admiral Tom Copeman, is Commander, Joint Task Force Guantanamo He is sued in his of?cial capacity. 7. Respondent Army Colonel Bruce Vargo is Commander, Joint Detention Group, Joint Task Force Guantanamo. He is sued in his of?cial capacity. STATEMENT OF FACTS 8. Mr. Nassim is imprisoned by Respondents at Guantanamo. Respondents have imprisoned Mr. Nassim there since at least June 22, 2007. IV. CLAIMS FOR RELIEF COUNT I (SUSPENSION CLAUSE) 9. Mr Nassim incorporates 1111 1-8 by reference. Case Document 1 Filed 07/17/09 Page 3 of 7 10. Mr. Nassim enjoys the privilege of habeas corpus guaranteed by the Suspension Clause, US. Const. art. I, 9, c1. 2. 11. The privilege of habeas corpus entitles Mr. Nassim to a meaningful opportunity to demonstrate that he is being unlawfully held. 12. Mr. Nassim has not been afforded a meaningful opportunity to demonstrate that he is unlaw?illy being held. 13. Respondents? imprisonment of Mr. Nassim therefore violates the Suspension Clause. COUNT II (DUE PROCESS CLAUSE) 14. Mr. Nassim incorporates 1-13 by reference. 15. The Due Process Clause of the Fifth Amendment provides that no person shall be deprived of life, liberty, or property, without due process of law. US. Const. Amend. V. 16. Mr. Nassim is entitled to the protection of the Due Process Clause, 17. Respondents have deprived Mr. Nassim of liberty without due process of law. 18. Respondents? imprisonment of Mr. Nassim therefore violates the Fifth Amendment. COUNT (FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT RENDITION) 19. Mr. Nassim incorporates 1W 1-18 by reference. 20. Upon information and belief, Mr. Nassim is at risk of being rendered, expelled or otherwise involuntarily returned without lawful procedures to a country that engages in torture. The transfer of the Mr. Nassim to a country where there is a foreseeable and direct risk that he will be subjected to torture constitutes a Violation of Mr. Mohamed?s rights under customary international Case Document 1 Filed 07/17/09 Page 4 of 7 law, which may be vindicated under the Foreign Affairs Reform and Restructuring Act of 1998, Pub. L. No. 105 2242, 112 Stat. 268 1-822 (1998). 21. Accordingly, Mr. Nassim is entitled to declaratory and injunctive relief, as well as any other relief the court may deem appropriate. COUNT IV (ALIEN TORT STATUTE - RENDITION) 22. Mr. Nassim 1-21 by referenceincorporates by reference all preceding paragraphs as if set forth ?illy herein. 23. Upon information and belief, Mr. Nassim is at risk of being rendered, expelled or otherwise involuntarily returned without lawful procedures to a country that engages in torture. The transfer of the Mr. Nassim to a country where there is a foreseeable and direct risk that he will be subjected to torture constitutes a violation of Mr. Mohamed?s rights under customary international law, which may be vindicated under the Alien Tort Statute. Accordingly, Mr. Nassim is entitled to declaratory and injunctive relief, as well as any other relief the court may deem appropriate. V. PRAYER FOR RELIEF WHEREFORE, Petitioner prays for relief as follows: 1. Entry forthwith of the Protective Order and Procedures for Counsel Access to Detainees at the United States Naval Base in Guantanamo Bay, Cuba, entered by this Court on September 11, 2008 (Misc. No 08-442 (Doc 409)). 2. Entry of an Order requiring that the government: produce concurrently a classified and unclassi?ed factual return for Mr. Nassim, within 4 Case Document 1 Filed 07/17/09 Page 5 of 7 7 days, produce a declassi?ed factual return for Mr. Nassim, within 21 days; seek from the Court, simultaneously with the ?ling of the unclassi?ed or declassified return, as the case may be, approval of any proposed treatment of information in the return as ?protected information?; provide counsel for Mr. Nassim with 30-days? advance notice of any intended transfer of Mr. Nassim from Guantanamo; and expedite the processing of any applications for appropriate security clearances by counsel and those assisting counsel. 3. Grant such other relief as the Court may deem necessary and appropriate. July 17, 2009 Respect?ally submitted, Odd/I?d David H. Remes David H. Remes (DC. Bar. NOW 370 772? Appeal for Justice 1106 Noyes Drive Silver Spring, MD 20910 (202) 669-6508 remesdh@gmail_com CERTIFICATIONS OF REPRESENTATION WITHOUT COMPENSATION 1. Pursuant to L. Cv R. 83 I hereby certify that I am a member in good standing of the District of Columbia, and that I am representing Mr. Mohamed without compensation Dated: July 17, 2009 David Remes Case Document 1 Filed 07/17/09 Page 6 of 7 DC. Bar No. 370372 Appeal for Justice 1 106 Noyes Drive Silver Spring, MD 2-910 (202) 669-6508 remesdh@gmail.com 2. Dated: September 25, 2008 Cori Crider Member New York Bar Reprieve PO Box 52742 London EC4P 4WS United Kingdom 011 44 207 353 4640 (ph) 011 44 207 353 4641 (fax) cori@reprieve.org.uk 3. Pursuant to L. Cv. R. I hereby certify that I am a member in good standing of the Louisiana Bar, and that I am representing Mr. Mohamed without compensation. Dated: September 25, 2008 Clive Ar Stafford Smith Louisiana Bar No. 14444 Reprieve PO Box 52742 London EC4P 4W8 United Kingdom 011 44 207 353 4640 (ph) 01144 207 353 4641 (fax) c1ivess@mac.com 4. Pursuant to L. Cv. R. I hereby certify that I am a member in good standing of the California Bar, and that I am representing Mr. Mohamed without compensation. Dated: September 25, 2008 Zachary Katznelson Case Document 1 Filed 07/17/09 Page 7 of 7 Reprieve PO Box 52742 London EC4P 4W8 United Kingdom 011 44 207 353 4640 (ph) 011 44 207 353 4641 (fax) zachary@reprieve.org.uk 5. Pursuant to L. CV. R. I hereby certify that I am a member in good standing of the Bar, and that I am representing Mr. Mohamed without compensation. Dated: September 25, 2008 Ahmed Ghappour California Bar No. 255723 Reprieve PO Box 52742 London EC4P 4W3 United Kingdom 011 44 207 353 4640 (ph) 011 44 207 353 4641 (fax) ahmed@reprieve.org.uk