Human rights activists were disappointed with Obama for not getting rid of the military commissions, our correspondent said.

Lawyers on Monday will be discussing the matter of the continuance request, with the prosecution expected to push for a new 120-day stay on proceedings and the defence asking for the case to be dropped all together or for Khadr to be tried in Canada.

Obama has not specified where he will hold future military commissions, but relocating them to US soil could afford Guantanamo suspects more legal rights under the country's legal system.

Eleven prisoners are currently facing charges at Guantanamo including five accused of orchestrating the September 11, 2001 attacks in New York and Washington.

Roadblock

Obama had pledged to close Guantanamo almost immediately after taking office in January, but has faced congressional opposition in getting an $80m budget approved to decommission the prison by January 2010 and move the remaining inmates.

US legislators say they want a detailed outline on the fate of the 240 detainees once the prison is closed, as communities across the country oppose the prospect of moving them to US soil.

The president has since firmly defended his decision to close Guantanamo saying it was a move to clean up "something that is quite simply a mess", referring to efforts to reverse his predecessor's policies.