Question here: is the system created under the Military Commissions Act of 2006 (the "MCA") constitutional?
Held: Cuba is the de jure (technical) sovereign over Guantanamo Bay; however, the U.S. is the de facto (in reality) sovereign over it because it exercises complete operational control over Guantanamo Bay.
Johnson v. Eisentrager Factors:
citizenship status of the detainee and the adequacy of process for status determination;
where the apprehension/detention took place; and
practical obstacles in determining entitlement to the Writ of Habeas Corpus.
Statutory Habeas Corpus can be stripped via statute if an adequate substitute is established.
Must provide comparable elements of due process:
E.g., rules of evidence, meaningful opportunity to present evidence, procedural rights, chance to appeal, etc.
From this case: the CSRTs did not constitute an adequate substitute for due process (defendants could not present new exculpatory evidence in the D.C. Circuit appeal; relied on the biased CSRT hearing/trial record); thus, the statute's stripping of habeas corpus was unconstitutional.
Exception: for enemy combatants detained and held abroad.
Al Maqaleh v. Gates: no constitutional habeas corpus entitlement for foreign citizens detained in an "active theater of war."