# Bismullah Ex Rel. Bismullah v. Gates

> Court of Appeals for the D.C. Circuit · February 1, 2008 · 551 F.3d 1068

URL: https://www.frixlaw.com/law-library/cases/9439656

## Case

- **Full name:** Haji BISMULLAH A/K/A Haji Bismillah, and A/K/A Haji Besmella, Haji Mohammad Wali, Next Friend of Haji Bismullah, Petitioners v. Robert M. GATES, Secretary of Defense, Respondent; Huzaifa Parhat, Et Al., Petitioners v. Robert M. Gates, Secretary of Defense, Et Al., Respondents; Abdusabour, Petitioner v. Robert M. Gates, U.S. Secretary of Defense, Et Al., Respondents; Abdusemet, Petitioner v. Robert M. Gates, U.S. Secretary of Defense, Et Al., Respondents; Jalal Jalaldin, Petitioner v. Robert M. Gates, U.S. Secretary of Defense, Et Al., Respondents; Khalid Ali, Petitioner v. Robert M. Gates, U.S. Secretary of Defense, Et Al., Respondents; Sabir Osman, Petitioner v. Robert M. Gates, U.S. Secretary of Defense, Et Al., Respondents; Hammad, Petitioner v. Robert M. Gates, Secretary of Defense and Wade F. Davis, Colonel, USA, Respondents
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** February 1, 2008
- **Citations:** 551 F.3d 1068; 514 F.3d 1291; 379 U.S. App. D.C. 382; 2008 U.S. App. LEXIS 2278
- **Precedential status:** Published
- **Opinion:** Concurrence by Garland
- **Judges:** Ginsburg, Sentelle, Henderson, Randolph, Rogers, Tatel, Garland, Brown, Griffith, Kavanaugh
- **Cited by:** 1 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/9439656

## 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 *390 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 wall be scheduled upon the issuance of any decision” in that case. Boumedieue v. Bush, — U.S. ——, 127 S.Ct. 3078 , 168 L.Ed.2d 755 (2007). The Supreme Court heard oral argument in Boumedieue 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 Boumedieue. 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/9439656. Public record. Not legal advice.