48 Guantanamo detainees are in the "indefinite detention" category: Obama has neither cleared them for release nor instituted charges against them. Obama intends to implement a review process for them, but it may be largely cosmetic:

Those detainees would have access to lawyers and could challenge their detention and some of the evidence against them. The order also envisions a review of potential prosecution cases to determine which are still viable and in what setting. But the detainees in that category and those in all other categories have no way to challenge those determinations.

The new review process is unlikely to produce any practical gain for the detainees:

The board could, in theory, approve the release of a detainee at any time. But language in the defense spending bill allows for the direct release of a detainee only through a court order. For all other releases, the administration would need to seek waivers and in some cases, additional certifications, the terms of which would not likely be achievable. As a result, the executive order review would be rendered meaningless for nearly all but a small handful of the detainees.

The reality is there are 174 detainees at Guantanamo, and all have been indefinitely detained.