torture and mistreatment concerns. This chilling effect would jeopardize the cooperation of other nations in the war on terrorism.83 A U.S. federal judge issued a temporary restraining order (TRO) on March 12, 2005, forbidding the government from transferring the Yemeni detainees until a March 22, 2005 hearing on their motion for advance notice could be heard.84 The judge noted that press reports indicated that transfers from Guantánamo were being planned,85 but that U.S. authorities currently gave no advance notice regarding them. She ruled that the Yemeni detainees, who feared being transferred in the “dark of night”86 directly into the hands of the Yemeni authorities for continued detention, could suffer irreparable harm if such transfers were effected.87 On March 29, 2005, a federal judge granted the Yemeni petitioners a preliminary injunction requiring the U.S. government to give him and the detainees’ attorneys thirtydays’ advance notice before any of the men could be removed from Guantánamo Bay.88 The judge granted injunctive relief, in the main, because the men’s transfers to another nation would deprive the court of its jurisdiction over the men’s habeas corpus petitions, thereby effectively extinguishing those claims.89 The judge stated that “The government’s invocation of sudden exigency requiring their transfer now cannot trump [the men’s] established due process rights to pursue their habeas action in federal court.”90 The judge also noted that any alleged injury the government might suffer with respect to its efforts to negotiate detainee transfers with foreign governments, including seeking and securing assurances against inhumane treatment upon return, did “not outweigh the imminent threat facing [the men] with respect to the entirety of their claims before the court [emphasis in the original].”91 83 Mahmoad Abdah, et al. v. George W. Bush, et al., Respondents’ Memorandum, pp. 15-16. 84 Mahmoad Abdah, et al. v. George W. Bush, et al., Temporary Restraining Order, Civil Action No. 04-1254 (HHK) (RMC), March 12, 2005, copy on file with Human Rights Watch. See also, Siobhan McDonough, “Judge Blocks Transfer from Cuba of 13 Yemeni Detainees,” Associated Press, March 14, 2005, p. A15. 85 See, Douglas Jehl, “Pentagon Seeks to Shift Inmates from Cuba Base,” New York Times, March 11, 2005, p. 1. 86 Mahmoad Abdah, et al. v. George W. Bush, et al., Temporary Restraining Order (Quoting from Petitioners’ Ex Parte Motion for Temporary Restraining Order to Prevent Respondents from Removing Petitioners from Guantanamo until Petitioners’ Motion for Preliminary Injunction is Decided), p. 2. 87 Mahmoad Abdah, et al. v. George W. Bush, et al., Temporary Restraining Order, p. 9 88 Mahmoad Abdah, et al., v. George W. Bush, et al., Memorandum Opinion, Civil Action No. 04-1254 (HHK), March 29, 2005. See also “U.S. Judge Bars Transfer of 13 Guantanamo Detainees,” Reuters, March 29, 2005. 89 Mahmoad Abdah, et al., v. George W. Bush, et al., Memorandum Opinion, p. 9. 90 Ibid., p. 11, fn 5. 91 Ibid., p. 11 HUMAN RIGHTS WATCH VOL. 17 NO. 4(D) 32