Boumediene and Al Maqaleh: The Application of Habeas to Foreigners Outside the U.S.

Part II

 Boumediene and Al Maqaleh: The Application of Habeas to Foreigners Outside the U.S.

With a right to habeas the foreign detainees in Afghanistan would have a chance to challenge their detention in court, and have a greater chance of avoiding indefinite detention. However habeas rights are not always guaranteed to foreigners held by the U.S. outside our borders.

The Supreme Court addressed the availability of habeas corpus (a constitutional right to challenge the legitimacy of one’s detention) outside the U.S. in <Read More>