The Great Writ Goes to War: Habeas Corpus & the Noncitizen, Accused Enemy Combatant, Who Is Held Abroad

Q: When does a noncitizen, classified as an enemy combatant, held extraterritorially, have a constitutional right to habeas corpus?

A: Sometimes.

 

Habeas Corpus: The Great Writ

‘Habeas corpus’ is Latin for ‘that you have the body,’ or ‘you should have the body.’ A writ of habeas corpus is a court order for the production of a prisoner so a <Read More>


Retreat to Bagram

The Supreme Court of the United States has decided in consecutive landmark decisions, including Rasul[i] and Boumediene,[ii] to extend both the statutory and constitutional right to petition for the writ of habeas corpus to “enemy combatants” detained in Guantánamo Bay. A recent decision by the D.C. Circuit in Al Maqaleh v. Gates, however, denied habeas relief to enemy combatants detained in Bagram Airfield in Afghanistan.[iii] This new decision could become the controlling bright line limitation to the scope of the <Read More>