Thursday, April 2, 2009
A U.S. federal district court judge has just ruled in al Maqaleh v. Gates that foreign nationals detained by the U.S. Military in Afghanistan at the Bagram Airfield Prison can seek habeas relief in U.S. district courts. The court ruled that the detained persons have such a right to habeas under the U.S. Supreme Court's 2008 decision in Boumediene v. Bush. To qualify, the detained persons must (1) not be citizens of the country where they are being held, (2) must not have been captured in the country where they are being detained, and (3) must have been held for an unreasonable length of time. Click here to read the court's decision.