                      UNITED STATES DISTRICT COURT
                      FOR THE DISTRICT OF COLUMBIA
__________________________________________
                                           )
AL HALMANDY, et al.,                       )
                                           )
                        Petitioners,       )
                                           )
            v.                             ) Civil Action No. 05-2385 (ESH)
                                           )
BARACK H. OBAMA, et al.,                   )
                                           )
                        Defendants.        )
__________________________________________)


                                              ORDER

       Before the Court is [160] respondents’ motion to dismiss or, alternatively, to hold case in

abeyance for petitioners Saki Bacha (a.k.a. Mohammed Jawad) (ISN 900) and Mohammed

Kameen (ISN 1045), [196] petitioner Jawad’s opposition thereto, and [205] respondents’ reply.

       Since respondents filed their motion, the military commission proceedings have been

suspended. As a result, petitioners cannot exhaust their criminal proceedings without suffering

delay. See Order, Al-Dharbi v. Obama, No. 05-cv-2371, Dkt. No. 135 (April 7, 2009); Order,

Alsawam v. Obama, No. 05-cv-1244, Dkt No. 150 (April 15, 2009); also Boumediene v. Bush,

128 S. Ct. 2229, 2275 (2008) (requiring “prompt” adjudication of Guantanamo detainees’ habeas

cases). Accordingly, it is hereby

       ORDERED that respondents’ motion is DENIED without prejudice. Respondents may

re-file the motion, if appropriate, if the charges sworn against petitioners are referred to a

military commission. It is further

       ORDERED that a status conference for petitioner Bacha is set for April 27, 2009, at

10:00 A.M. in Courtroom 14.
      SO ORDERED.




                       _________/s/______________
                       ELLEN SEGAL HUVELLE
                       United States District Judge


Date: April 22, 2009
