Foreign nationals held in a U.S. military prison at Bagram airbase in Afghanistan do not have the right to challenge their detainment in federal courts, ruled a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit on Friday.
The unanimous ruling, written by Chief Judge David Sentelle and joined by Judge David Tatel and Senior Judge Harry Edwards, addressed a lingering and major question stemming from the U.S. Supreme Court’s decision in Boumediene v. Bush in 2008. In Boumediene, the justices held that federal courts had habeas jurisdiction over Guantanamo Bay detainees.
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