When Congress extended the Supremes' cert jurisdiction over CMA decisions in 1983, it did so in a very limited fashion. 28 U.S.C. § 1259 provides that the Supremes can review CAAF decisions: (1) of affirmed military death sentences, (2) issued in response to a JAG's certified issue, (3) issued after granting a direct review petition, and (4) in other cases "in which the Court of Appeals for the Armed Forces granted relief."
That final subsection is what gave the Supremes jurisdiction to review CAAF's issuance of a writ that led to Clinton v. Goldsmith, 526 U.S. 529 (1999). But in Denedo, has CAAF "granted relief"? Here's Denedo's decretal paragraph:
Accordingly, we remand Appellant's petition to the United States Navy-Marine Corps Court of Criminal Appeals for further proceedings, where the Government will have the opportunity to obtain affidavits from defense counsel and submit such other matter as the court deems pertinent. The Court of Criminal Appeals will then determine whether the merits of Appellant's petition can be resolved on the basis of the written submissions, or whether a factfinding hearing is required under United States v. DuBay, 17 C.M.A. 147, 37 C.M.R. 411 (1967). The court will determine whether Appellant's counsel rendered deficient performance and, if so, whether such deficiency prejudiced Appellant under Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984). If prejudice is found, the court shall determine whether the requested relief should be granted.Denedo v. United States, 66 M.J. 114, 128 (C.A.A.F. 2008).
That doesn't look like "relief"; it looks like kicking the can before deciding whether to grant relief. And if no relief, then no Supreme Court jurisdiction.