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HAMDAN v. RUMSFELD

Civil Action No. 04-1519 (JR).

464 F.Supp.2d 9 (2006)

Salim Ahmed HAMDAN, Plaintiff, v. Donald H. RUMSFELD, Defendant.

United States District Court, District of Columbia.

December 13, 2006.

Attorney(s) appearing for the Case

Benjamin S. Sharp, Perkins Coie, LLP, Washington, DC, Joseph M. McMillan, Perkins Coie, LLP, Seattle, WA, for Plaintiff.

Brian C. Kipnis, U.S. Attorney's Office, Seattle, WA, Jonathan L. Marcus, Jean Lin, Preeya M. Noronha, U.S. Department of Justice, Terry Marcus Henry, U.S. Department of Justice, Civil Division, Washington, DC, for Defendant.

MEMORANDUM

ROBERTSON, District Judge.

The government seeks dismissal of the petition of Salim Ahmed Hamdan for a writ of habeas corpus for lack of subject matter jurisdiction, relying upon the jurisdiction-stripping provisions of the Military Commissions Act of 2006, Pub.L. No. 109-366, 120 Stat. 2600(MCA) [75]. Petitioner resists, arguing that the MCA did not remove our jurisdiction over pending Guantanamo habeas petitions, and alternatively that...

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