In Boumediene v. Bush the Supreme Court ruled that Guantanamo detainees have a right to challenge their detention. Since Boumediene more than 200 Guantanamo detainees have inundated the D.C. District Court with challenges to their detention. In approximately 75% of those cases, the court found the detainee had a right to release. Two years after the Boumediene holding the court is now faced with the question “Can the court order and monitor the release of Guantanamo prisoners wrongfully detained?” The Supreme Court has managed to dodge this question, but considering recent develops, may be forced to face it soon. On Monday council for an Algerian national, unlawfully detained at Guantanamo, requested an emergency court order that would prevent the government from transferring the prisoner to Algeria. The prisoner fears abuse and prosecution upon his return to his home country. If this reaches the Justices they will be forced to answer the question of whether the Court can intervene with releases form Guantanamo.
See SCOTUSBlog for more information on and full consideration of this issue.