"Kiyemba v. Obama is a habeas corpus petition filed in the D.C. District Court on behalf of 17 innocent Uighur men who have been imprisoned in Guantánamo Bay for almost seven years. The government acknowledged as early as 2003 that the imprisoned Uighurs were improperly detained and eligible for release. They remain imprisoned because a transfer to China would be illegal as they would be at grave risk of torture or other forms of persecution; and the US government has both refused to accept the men into the US and been unwilling or unable to find other countries willing to accept them."
This case is set to be argued on March 22,2010 in the SCOTUS. But......maybe not. I read an article today in Slate (take the source for what it is. I enjoy reading it) that said that "The government is now seeking to have the case 'dismissed as improvidently granted' " because homes for the men in countries like Switzerland have been found for them. This is a great thing because sending them back to communist China is not an option. They most certainly would be tortured and killed. But government's petition to have the case dismissed as improvidently granted still leaves the question unanswered: "Does a district court have the power to order the release of a person who is unlawfully held by the U.S.
I hope the SCOTUS still hears the case. Very interesting.