WASHINGTON -- A federal appeals court seemed reluctant on Monday to release 17 Turkic Muslims being held without charges at Guantánamo Bay, Cuba, questioning whether judges rather than a president can order their freedom into the United States.

In a showdown over presidential power, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said a judge might have gone too far last month in ordering the U.S. entry of the 17 men, known as Uighurs (WEE-gurz). The three judges suggested the detainees might need to formally apply via the Homeland Security Department, which administers U.S. immigration laws.

Such a move would effectively push the issue of the detainees' release over to the administration of President-elect Barack Obama, who has indicated he wants to shut down the military prison and release prisoners who have not been charged.

`IMMIGRATION STATUTES'

''Before they can be admitted into this country, there are immigration statutes to be addressed and petitioners haven't pursued that yet,'' said Judge Judith W. Rogers, who previously expressed support for the Uighurs' immediate release.

A DIFFERENT MATTER

Judge A. Raymond Randolph noted that the Constitution authorizes a judge to release foreign-born detainees who are unlawfully detained at Guantánamo. But he said it was a different matter as to whether the Uighurs were entitled to broader due-process protections that would justify their entry into the U.S.

''The Supreme Court didn't say one way or another,'' Randolph said.

At issue in Monday's arguments is whether a federal judge has the authority to order the release of prisoners at Guantánamo who were unlawfully detained by the U.S. and cannot be sent back to their homeland. The Uighurs were cleared for release from Guantánamo as early as 2003 but fear they will be tortured if they are returned to China.

`INFINITUM'

Last month, U.S. District Judge Richard Urbina ordered the government to release the 17 men into the United States, noting that they were no longer considered enemy combatants.

Urbina sternly rebuked the Bush administration for a detention policy toward the Uighurs that ``crossed the constitutional threshold into infinitum.''

The Bush administration quickly sued to block Urbina's order, citing security concerns over weapons training the Uighurs received at camps in Afghanistan.

A divided D.C. Circuit court in late October agreed to temporarily halt the Uighurs' release so it could consider the government's full appeal.

That same three-judge panel heard arguments Monday. The panel was composed of Rogers, an appointee of President Bill Clinton, as well as Randolph and Karen Henderson, both appointees of President George H.W. Bush.

The judges did not indicate when they would issue a decision, which could take weeks.

`REGRETTABLE'

During the hour-long argument, Solicitor General Gregory Garre told the court that releasing detainees into the U.S. was a matter for the president given questions of national security and diplomacy. He said that while the Uighurs were free to apply for entry into the U.S., it was the Bush administration's position that they should not be allowed here.

''It's regrettable they are in this situation, but we are active in seeking another country to take them,'' Garre said.

Sabin Willett, an attorney representing the Uighurs, said it was wrong to continue holding them at Guantánamo after nearly seven years since they had done nothing wrong.

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