Gherebi

ORDER DISMISSING PETITION FOR LACK OF JURISDICTION

INTRODUCTION

The petition for a writ of habeas corpus filed in this case alleges that Respondents President Bush, Secretary of Defense Rumsfeld and unnamed “military personnel” captured Falen Gherebi in Afghanistan and, since January 2002, have detained him at the Guantanamo Bay Naval Base (“Guantanamo”) in Cuba. The Petitioner, Belaid Gherebi, is Falen Gherebi’s brother.

Belaid Gherebi alleges that his brother is being held incommunicado, without aid of counsel, and in violation of the United States Constitution and the Third Geneva Convention. Among other forms of relief, Petitioner asks that his brother be granted access to legal counsel and “be brought physically before the Court for a determination of his conditions of detention, confinement, and status .... ” Mem. of Law in Support of Amended Verified Petition for Writ of Habeas Corpus, at 3.

Petitioner and Respondents seek a prompt ruling on the matter of this Court’s jurisdiction because they intend to proceed expeditiously to the Ninth Circuit Court of Appeals. The Court is willing to accommodate their request, because the jurisdictional question addressed here is one…