U.S. District Judge John Bates ruled two years ago that detainees at Bagram Airfield should have access to U.S. courts just like Guantanamo Bay prisoners. But his ruling was overturned on appeal last year.
Lawyers for the detainees argue there have been changes to the detention system at Bagram that change their case, including civilian trials being held for Afghan prisoners in Aghan courts.
Bates ruled Tuesday that he will let the detainees make their arguments in a new court filing to him. But he said he doubts the new case the detainees want to offer will change their standing.