Suspension Clause

Nor is it a constitutional right; habeas corpus is, as previously stated, a fundamental human right that is not guaranteed, but is only reiterated by the Suspension Clause.

How the Supreme Court Got Boumediene Wrong: Rethinking Habeas & Other Fundamental 'Constitutional Rights' 2009

The Suspension Clause pretty clearly applies only domestically, but a decision against the Gov't on the "sovereign territory" issue is likely to be dispositive in finding that the Suspension Clause applies here.

<a href="http://althouse.blogspot.com/2007/12/boumediene-supreme-court-and-guantanamo.html" title="Boumediene Ann Althouse 2007

This Court's role, and this decision, is nonetheless quite narrow, and is limited today to assessing whether the Suspension Clause extends to these four petitioners and hence whether they are entitled to seek habeas corpus in this Court.

JURIST - Paper Chase 2009

According to the Suspension Clause in Article I of the Constitution, it doesn't matter what citizenship they have - they are entitled to the same rights as Americans as long as they are in the custody of this nation.

Original Signal - Transmitting Digg 2009