The writ was filed shortly before the passage of the Detainee Treatment Act of 2005, which contained provisions to close off captives' ability to initiate new habeas petitions.

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the U.S. civil justice system, so all outstanding habeas corpus petitions were stayed.

On July 29, 2008 U.S. District Court Judge Thomas F. Hogan ordered that all the other petitioners would be dismissed from the petition, except for:[5] On September 2, 2008, Muhammed Saad Iqbal Madni's lawyers were informed he had been repatriated to Pakistani custody.

On September 19, 2008 Richard L. Cys, James P. Walsh filed "Petitioner Muhammed Saad Iqbal Madni's response to court order to show cause why his petition should not be dismissed as moot".

Madni's lawyers argued his habeas petition should not be dismissed because he was entitled to continue to seek relief if his original detention was not legally justified.