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MAQALEH v. GATES

Civil Action Nos. 06-1669, 08-1307, 08-2143.

899 F.Supp.2d 10 (2012)

Fadi Al MAQALEH, et al., Petitioners, v. Robert GATES, et al., Respondents. Amin Al Bakri, et al., Petitioners, v. Barack H. Obama, et al., Respondents. Redha Al-Najar, et al., Petitioners, v. Robert Gates, et al., Respondents.

United States District Court, District of Columbia.

October 19, 2012.

Attorney(s) appearing for the Case

Ramzi Kassem, City University of New York, Tina M. Foster, International Justice Network, New York, NY, Barbara J. Olshansky, Stanford University Law School, Kathleen A. Kelly, International Human Rights Clinic, Stanford, CA, for Petitioners.

Jean Lin, U.S. Department of Justice, Washington, DC, for Respondents.

MEMORANDUM OPINION

JOHN D. BATES, District Judge.

Before the Court are respondents' motions to dismiss petitioners' three amended petitions for habeas corpus. The petitioners are all third party nationals who have been held in various facilities at Bagram Airfield in Afghanistan for nine years or more. Three years ago, the Court concluded that section 7(a) of the Military Commissions Act of 2006 ("MCA"), Pub. L. No. 109-366, 120 Stat. 2600, was unconstitutional...

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