Attorney General Thurbert Baker said that "although this does not end the appeal process, I am pleased with the results in the habeas case."

The Marshall Court heard six original habeas cases of a criminal nature.

Of about 200 habeas cases in the federal court in Washington, judges have so far ruled that five Guantanamo detainees are properly held and that 26 are not.

In January 2006, government lawyers moved to dismiss pending habeas cases, arguing that the DTA should be applied retroactively.

A notice dated the following day listed 196 other pending habeas cases for which it made the same claim.

All pending habeas cases were stayed as a result of the act.

'This case is not an ordinary habeas case, and the general rules regarding factual determinations in ordinary habeas proceedings have no bearing here,' the government said.

This rule was not retroactively applied in habeas cases.

The appeals court is already considering the application of the new law in dozens of other habeas cases brought by detainees.

No cert-stage briefs are provided for habeas cases or for criminal cases that are summarily decided or where cert.