> Boumediene is predicated on the idea that the US has de facto sovereign jurisdiction over Guantanamo Bay Cuba. Indeed. > No, non-citizens in foreign soil do

> Boumediene is predicated on the idea that the US has de facto sovereign jurisdiction over Guantanamo Bay Cuba. Indeed. > No, non-citizens in foreign soil do not have any constitutional rights, including habeas. I think that depends on the context and the definition of constitutional rights. There's no direct habeas, but longer-term military detention theoretically is only available in an declared military conflict. Which in turn depends on things like the 2001/2002 AUMF, and whether ISIS is a successor of AQ etc. IANAL and absolute armchair amateur non-US citizen interpretation. > I'm an appellate lawyer.* In a past life, I was an engineer at a cognitive radio startup. Pretty damn cool.