In his petition, Mr. Akbar claimed that he was imprisoned as an "enemy combatant" six months prior, but that the U.S. military had not to date filed formal charges against him, the military had not afforded him an opportunity to answer any charges, the military had not given him the assistance of counsel, and the military had not given him a hearing before a neutral tribunal to determine the truth or falsity of the filed charges.

Within the time allotted for filing a response to the habeas corpus petition, the U.S. Army, with the assistance of the Department of Justice, filed a motion to dismiss the habeas corpus petition.How should the district court decide?