Qatta v. Bush
'''(Civil Action No. 08-cv-1233) is a writ of habeas corpus filed on behalf of Guantanamo captive Mansoor Muhammed Ali Qattaa before US District Court Judge Ellen S. Huvelle.
Military Commissions Act
The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.
Boumediene v. Bush
On June 12 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".
Cleared for repatriation in 2005
On 26 November 2008 Edward G. Bryan filed a counter-motion on Mansoor Muhammed Ali Qattaa's behalf. According to his counter-motion Department Of Justice officials had informed the court that Ali Qattaa had not been cleared for release. However, he had learned on 24 November 2008, that Ali Qattaa had been cleared for release sometime in 2005. Bryan objected to the further delay DoJ officials had requested, due to the three year delay in his release.
Bryan wrote that the Bush administration had not filed an unclassified factual return for this petition. Bryan doesn't yet have a security clearance, so, he wrote, he had no way of evaluating the justification for Ali Qattaa's continued detention.