N.B. Mr. Al-Marri is not yet a free man. He may now be tried in a "civilian" (regular) court. He may be deported. The Fourth Circuit may grant a rehearing and reverse after en banc deliberation. The government may seek review in the Supreme Court. There are other possibilities.
If a court ever issues a final non-appealable judicial order for the immediate release of Mr. Al-Marr, will the goverment refuse to comply with the order? What then?