U. S. armed forces seized an alien engaged in combat against them in a foreign country. The alien was taken to a territory outside the United States but over which the United States had sovereign control. Shortly thereafter, Congress passed a law denying federal courts jurisdiction over habeas corpus petitions filed by individuals who were designated as enemy combatants, but did not generally suspend the privilege of filing habeas corpus petitions. Subsequently, the alien, who was designated an enemy combatant by the President, filed a habeas corpus petition in federal court. May the court hear this petition?

Question

Ryan Casey

Social Studies

24 November, 06:04

U. S. armed forces seized an alien engaged in combat against them in a foreign country. The alien was taken to a territory outside the United States but over which the United States had sovereign control. Shortly thereafter, Congress passed a law denying federal courts jurisdiction over habeas corpus petitions filed by individuals who were designated as enemy combatants, but did not generally suspend the privilege of filing habeas corpus petitions. Subsequently, the alien, who was designated an enemy combatant by the President, filed a habeas corpus petition in federal court. May the court hear this petition?

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Answers (1)

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Gerald Houston · Answer 1

Yes, the court can hear this petition.

Explanation:

According to the Suspension Clause of Article I, Section 9, Clause 2, Detainee like the case above actually has the right to file/propose a file a habeas corpus petition even if that person held the status as a 'criminal' (unless the privilege is directly suspended because that person possess high level of threat).

When united states has sovereign control over a territory, the united states gained an influence over the judiciary branch of that territory. Because of this, the suspension clause is also applicable in that territory.