Imran v. Bush, Civil Action No. 2005-0764

Petitioner Abdullatif Nasser, a Moroccan citizen, has been detained at Guantanamo under the AUMF and filed a habeas petition in 2005 seeking release.
A Periodic Review Board (PRB) on July 11, 2016 recommended transfer to Morocco with negotiated security assurances, finding continued law-of-war detention no longer necessary.
Morocco responded affirmatively to U.S. security-assurance requests on December 28, 2016, but the Secretary of Defense did not finalize a transfer decision before leaving office.
Section 1034 of the 2016 NDAA requires a 30-day congressional notice and written certification by the Secretary before effecting a transfer recommended by a PRB; Petitioner sought a judicial declaration that those requirements do not apply or, alternatively, release via habeas.
The government contended Petitioner was properly determined to have been "part of" al-Qaida and that PRB findings do not alter detention legality; the Secretary retained discretion over transfer and elected to defer the final decision.
The Court denied the Emergency Motion, holding Petitioner is not entitled to habeas relief on current papers and lacks standing to seek relief under § 1034.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether habeas relief is warranted given PRB recommendation and current circumstances	Nasser: PRB clearance and lack of §1034 compliance mean detention is unlawful; court should order release or find §1034 inapplicable	Gov: Nasser was lawfully detained under AUMF as determined to be "part of" al-Qaida; PRB determinations do not alter legality of detention	Denied — petitioner may be detained under AUMF while hostilities continue; PRB findings do not provide habeas relief
Whether petitioner has standing to challenge §1034 notice/certification requirements or obtain an order excusing them	Nasser: §1034's 30-day notice/certification prevents transfer; court should declare them inapplicable here to allow transfer	Gov: No legally protected right to transfer; Secretary has discretion and declined to make a final transfer decision, so petitioner suffers no redressable injury	Denied — petitioner lacks standing because no invasion of a legally protected interest and removal of §1034 restrictions would not force a transfer

Hamdi v. Rumsfeld, 542 U.S. 507 (explains detention authority during hostilities for individuals determined to be part of enemy forces)
Lujan v. Defenders of Wildlife, 504 U.S. 555 (standing requires injury in fact, traceability, and redressability)
Aamer v. Obama, 742 F.3d 1023 (D.C. Cir. holding that AUMF permits detention of those part of al-Qaida while hostilities continue)
Awad v. Obama, 608 F.3d 1 (clarifies limits of habeas review regarding post-detention threat assessments)
Ahjam v. Obama, 37 F. Supp. 3d 273 (D.D.C. decision addressing standing to seek orders effecting release under NDAA provisions)
al-Wirghi v. Obama, 54 F. Supp. 3d 44 (D.D.C. decision on similar standing and §1034 issues)