Gherebi, et al. v. Bush, January 31st 2007

Case 1:04-cv-01164-RBW Document 96 Filed 01/31/2007

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ORDER

On October 17, 2006, Congress enacted the Military Commissions Act of 2006 (“MCA”), Pub. L. No. 109-366, § 7, 120 Stat. 2600, 2636-37 (2006), which, inter alia, amends 28 U.S.C. § 2241 (2000) in a manner that raises serious questions concerning whether this Court retains jurisdiction to hear the above-captioned cases. See 28 U.S.C. § 2241(e). These questions are currently pending resolution in the United States Court of Appeals for the District of Columbia Circuit. Until the District of Columbia Circuit resolves the jurisdictional questions raised by the MCA, it is this Court’s view that it lacks the authority to take any action in these cases. Accordingly, it is hereby

ORDERED that all pending motions in the above-captioned cases are hereby DENIED WITHOUT PREJUDICE until such time as the District of Columbia Circuit resolves the question of this Court’s jurisdiction to adjudicate these cases. It is further

ORDERED that the above-captioned cases are ADMINISTRATIVELY CLOSED. In the event that the District of Columbia Circuit concludes that this Court retains some degree of jurisdiction over any or all of the above-captioned cases, the matters will be automatically reopened as appropriate.

SO ORDERED this 31st day of January, 2007.
 * Reggie B. Walton
 * United States District Judge