The Supreme Court declined on Monday to consider whether a federal judge can free two Chinese Muslims who remain imprisoned unlawfully at Guantanamo Bay, despite being cleared as "enemy combatants."
The justices refused to review the judge's decision that a federal court cannot provide any relief to Abu Bakker Qassim and A'del Abdu Al-Hakim, two members of the Uighur ethnic group held at Guantanamo while the United States searches for a country to take them.
Their attorneys urged the justices to decide whether a federal court has the power to craft a remedy for those who are indefinitely and unlawfully imprisoned at the U.S. military base in Cuba.
They took the unusual step of appealing directly to the high court after the ruling by U.S. District Judge James Robertson.
The two men, who were captured by Pakistani forces in Pakistan, have been detained since June 2002 at Guantanamo, where the United States holds about 490 terrorism suspects. In March last year, the U.S. military determined the two Uighurs should no longer be considered enemy combatants.