On June 12, 2008, the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".
Protective order
On July 15, 2008, Kristine A. Huskey filed a "NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER" on behalf of Toffiq Nassar Ahmed Al Bihani and several dozen captives. The petition would prevent the Department of Defense from transferring him out of US jurisdiction without giving his attorney's thirty days notice. The Department of Defense had transferred some captives to countries where they were subsequently subjected to abusive treatment—even though they had active habeas corpus petitions.
Habeas timeline
swore a declaration on September 9, 2008, stating that Toffiq's brother Adnan Al Bihani, serving as "next friend" initiated the habeas corpus process, in a letter dated June 17, 2005. Clarke and other attorneys formally filed the petition on December 14, 2005. Toffiq had initially declined to sign a form authoring Clarke to serve as his counsel in 2005. However, when Clarke was able to meet with him on March 28, 2007, Toffiq verbally authorized him to serve as his counsel, and he followed up that verbal authorization with a letter authorizing him to serve as counsel.
Named by the US Senate as one of the CIA's captives subjected to torture, without authorization
On December 9, 2014, the United States Senate Intelligence Committee published the 600 page unclassified summary of a 6,000 page report on the CIA's use of torture. While some of the CIA's captives were identified as only been subjected to torture that had been authorized from Washington, other captives, like Bihani, were identified as having been tortured by CIA officials who did not have authorization. According to the Intelligence Committee, Bihani was "subjected to 72 hours of sleep deprivation between his arrival at detention site Cobalt and his October 2002, interrogation."
Reports his brother was killed fighting in Somalia
The Long War Journal reported that a martyrship video from Abu 'Asim al Tabuki Mansour Nasser al Bihani was published in November 2011. It reported that this individual had fought in Chechnya, lived in Afghanistan, until the fall of the Taliban, had been captured in Saudi Arabia, transferred to Yemen, where he escaped from Prison, and finally travelled to Somalia, where he died fighting for jihadists. It reported he had two brothers in Guantanamo.
Observers noted that President Barack Obama's administration made a push to transfer as many individuals from Guantanamo, as possible, during his last year. The Washington Post reported that Tawfiq Nisar al-Bihani was one of the five individuals who had been cleared for release, who remained in Guantanamo when Donald Trump was inaugurated. During the election campaign Trump had promised that, once he took power, no one would ever leave detention at Guantanamo, that he would bring more individuals to be detained there.
