An "enemy combatant" is captured.

Where are they held?

In the United States

In Guantanamo Bay

In an active theater of war

Afforded complete constitutional rights to habeas corpus:

  • Whether they are a citizen or not
  • Under Mathews v. Eldridge, due process for an enemy combatant may just mean a "meaningful opportunity to be heard."

Follow Al Maqaleh:

  • The detainee has no Habeas Corpus rights.
  • There is an extreme deference to the executive branch here.

Follow Boumediene:

  • The detainee has constitutional habeas corpus rights.
  • Has Const. HC because the U.S. has de facto sovereignty over Guantanamo Bay, and—thus—the Constitution applies.