Foreign Nationals Captured Abroad and Detained in a
al Maqaleh, et al. v. Gates et al.
A federal judge issued a court opinion concerning the detention of foreign nationals by the U.S. Military in Afghanistan
The court ruled that the U.S. Supreme Court's 2008 decision in Boumediene v. Bush, (2008) "allows non-Afghans captured beyond Afghan borders," to seek habeas relief and allow them to challenge their detention in federal court. In order to be allowed to invoke the Suspension Clause of the U.S. Constitution to challenge their detentions, however, the court found that they must meet each part of a multi-prong test:
One detainee, however, was found not to be entitled to habeas relief, since:
"his Afghan citizenship -- given the unique "practical obstacles" in the form of friction with the "host" country -- is enough to tip the balance of the Boumediene factors against his claim to habeas corpus review."
You can read the court's memorandum opinion and order below: