The US Department of Justice is studying a decision by the country's Supreme Court that asserts the right of judicial review for foreign terrorist suspects detained at Guantanamo Bay
This gives the suspects the right to challenge their detention in American courts.
In a separate decision, the court ruled that an American citizen, Yaser Hamdi, can be detained in the US without being charged, provided he has access to the courts.
Hamdi was captured in Afghanistan as a suspected Taliban fighter.
Washington based lawyer, David Rifkind, said that while the Guantanamo decision was a setback for the Bush administration, it did not mean that prisoners could expect to be repatriated soon.