# Bismullah ex rel. Bismullah v. Gates

> Court of Appeals for the D.C. Circuit · February 1, 2008 · 514 F.3d 1291

URL: https://www.frixlaw.com/law-library/cases/8411067

## Case

- **Full name:** Haji BISMULLAH a/k/a Haji Bismillah, and a/k/a Haji Besmella, Haji Mohammad Wali, Next Friend of Haji Bismullah v. Robert M. GATES, Secretary of Defense, Respondent Huzaifa Parhat v. Robert M. Gates, Secretary of Defense, Respondents Abdusabour v. Robert M. Gates, U.S. Secretary of Defense, Respondents Abdusemet v. Robert M. Gates, U.S. Secretary of Defense, Respondents Jalal Jalaldin v. Robert M. Gates, U.S. Secretary of Defense, Respondents Khalid Ali v. Robert M. Gates, U.S. Secretary of Defense, Respondents Sabir Osman v. Robert M. Gates, U.S. Secretary of Defense, Respondents Hammad v. Robert M. Gates, Secretary of Defense and Wade F. Davis, Colonel, USA
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** February 1, 2008
- **Citations:** 514 F.3d 1291
- **Precedential status:** Published
- **Opinion:** Concurrence by Garland
- **Judges:** Brown, Garland, Ginsburg, Griffith, Henderson, Kavanaugh, Randolph, Rogers, Sentelle, Tatel, Whom
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8411067

## Opinion text

GARLAND, Circuit Judge,
concurring in the denial of rehearing en banc:
On June 29, 2007, the Supreme Court granted the detainees’ petition for certio- *1299 rari in Boumediene v. Bush, 476 F.3d 981 (D.C.Cir.2007). In granting that petition, the Court advised the parties that “it would be of material assistance to consult any decision in Bismullah, et al. v. Gates, ... currently pending in the United States Court of Appeals for the District of Columbia Circuit,” and that “supplemental briefing will be scheduled upon the issuance of any decision” in that case. Boumediene v. Bush, — U.S.-, 127 S.Ct. 3078 , 168 L.Ed.2d 755 (2007). The Supreme Court heard oral argument in Boumediene on December 5, 2007. Were we to grant en banc review in Bismullah, we would plainly delay our decision and hence the Supreme Court’s disposition of Boumediene. As delaying the latter is contrary to the interests of all of the parties, as well as to the public interest, I concur in the denial of rehearing en banc without reaching the merits.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8411067. Public record. Not legal advice.