In this opinion, Judge Kavanaugh said that even though the US government could not prove that a Guantanamo detainee was a member of al Qaeda (and therefore subject to being held in definitely under 2001's Authorization of the Use of Military Force) under the command structure test, his petition for habeas corpus must be denied. The court says that each case must be analyzed on its on facts, without a firm standard.
Imagine that; you have to analyze the facts to determine if someone is a member of al Qaeda. It was my understanding that is why we have jury trials, but having the DC Circuit as a fact finder should work as well.
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