UNCLASSIFIED//FOR PUBLIC RELEASE
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
MOHAMMED NAZIR BIN LEP,
Petitioner, Civil Case No. 19-2799 (JOB)
v.
DONALD TRUMP, et al.,
Respondents.
MEMORANDUM OPINION & ORDER
Petitioner Mohammed Nazir Bin Lep, a detainee at the Guantanamo Bay Naval Station in
Guantanamo Bay, Cuba, seeks a court order enjoining the government
ostensibly for a military commission proceeding but before any charges against Bin
Lep have actual�y been referred to a military commission.
Before this Court is
petitioner's oral motion for temporary emergency relief, which was �upported by the arguments
in petitioner's motion for a preliminary injunction and additional memorandum of law. See
Pet'r's Mot. for a Preliminary Injunction [ECF No. 4] ("Pet'r's PI Mot."); Pet'r's Mem. of Law
. .
on Jurisdiction and Other Issues. The government opposes petitioner's motion for temporary
emergency relief. See Resp'ts' Opp. to Pet'r's Mot. for a Preliminary Injunction and Request for
Emergency Relief ("Resp'ts' Opp. Br."). For the reasons below, this Court grants petitioner's
request for temporary emergency relief and orders that the government is restrained from
conducting the first scheduled to commence on
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Finally, the Court finds that granting temporary emergency relief will serve the public
interest by safeguarding the detainees' basic procedural rights and ensuring that a future military
commission is not forced into a position where it cannot effectively try Bin Lep because much of
has been irreparably tainted. Thus, on the current record, the
Court concludes that it is likely that Bin Lep will succeed, to some extent, on the merits; that he
will suffer irreparable harm if relief is not granted; that the balance of equities favors Bin Lep;
and that the public interest will be served by the grant of temporary emergency relief.
Hence, upon consideration of Bin Lep' s oral request for temporary emergency relief, the
memoranda of law in support of and in opposition to his motion, the hearing held September 20,
2019, and the entire record herein, it is hereby ORDERED that respondents are restrained-
SO ORDERED.
Dated: September 23, 2019
/s/
John D. Bates
United States District Judge
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UNCLASSIFIED//FOR PUBLIC RELEASE