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The Suspension Of Liberties, An Extension Of Rights: Examining Habeas Jurisdiction For Non-Citizen Guantanamo Detainees In The Al Odah And Boumediene Appeals, Marina A. Torres
The Suspension Of Liberties, An Extension Of Rights: Examining Habeas Jurisdiction For Non-Citizen Guantanamo Detainees In The Al Odah And Boumediene Appeals, Marina A. Torres
Marina A Torres
This paper seeks to contribute to the literature surrounding the constitutional rights afforded to detainees currently held at the naval base in Guantanamo Bay, Cuba. More specifically, it offers a prospective and predictive analysis of the recent oral arguments heard in the consolidated Al Odah and Boumediene cases, held in December of 2007, in a historical context of previous judicial decisions and legislative decrees. Previous literature has not considered the constitutional protections, if any, afforded to non-citizen detainees held outside the territorial United States. Legal research has mainly focused on the application of either international law to Guantanamo detainees (if …