a GTMO habeas petition denied on the merits, and another dismissed without prejudice

1. Makhtar Yahia Naji Al Warafi v. Obama (D.D.C. Mar. 24, 2010)

Judge Lamberth yesterday denied habeas relief, on the merits, to GTMO detainee Makhtar Al Warafi. There is a short order to that effect here, and that order indicates that there is a classified opinion explaining the outcome. No word on whether a redacted, unclassified opinion will be forthcoming.

2. Zahar Omar Khamis Bin Hamdoun v. Obama (D.D.C. Mar. 24, 2010)

Judge Kessler has dismissed without prejudice the habeas petition filed on behalf of GTMO detainee Zahar Bin Hamdoun. The short order to that effect is here. Based on some of the underlying filings in the public record, this appears to be another example of the scenario in which the petitioner does not wish to pursue habeas relief. It appears in this instance that Hamdoun’s attorneys asked the court to delay action in order to give them time to meet with their client and brief him regarding certain evidentiary developments relating to his case, presumably in order to persuade him to authorize continued pursuit of the matter. In any event, the petition has now been dismissed, albeit without prejudice to refilling should Hamdoun change his mind.

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