Apropos of Judge Edwards: Petition for Certiorari Filed in Hussain

It is somewhat old news, though refreshed a bit in light of yesterday's Ali decision from the D.C. Circuit: on November 19, lawyers for another Guantanamo detainee, Abdul al Qader Ahmed Hussain, asked the Supreme Court to take up his petition for a writ of habeas corpus.  (The filing is noted on the docket only; I haven't yet seen the petition itself. UPDATE: the petition is here.) The district court had denied Hussain's suit; ditto the D.C. Circuit, in a ruling earlier this summer.  In the latter, the majority applied what Ben and Senior Circuit Judge Edwards both characterized as the "duck" test, for determining when the government has demonstrated detainability according to the proper evidentiary standard.  Notably, Judge Edwards derided the loosey-goosey analysis, in an opinion concurring in the Hussain judgment. As it happens, Edwards' Hussain concurrence broadly compares to his Ali concurrence: both can be described as dissents in all but name, for in both, Judge Edwards bemoans the condition of D.C. Circuit detention law, while acknowledging his duty to apply it; and in both, Judge Edwards seemingly doubts that record evidence properly establishes the petitioner's detaniability under the AUMF's explicit language. That brings the count to not one but two kinda-not-really concurrences, both of them asserting significant problems in the D.C. Circuit's jurisprudence.  So do the Edwards opinions bolster the chances for Hussain's petition for a writ of certiorari?  Probably not.