“ Through the use of ellipsis marks, the court excises the qualification and concludes that the writ does not extend “ [t] o foreign dominions.” Op. at 16. This masks two problems in its analysis. A “foreign dominion” is not a foreign country, as the court’s reasoning implies, but rather “a country which at some time formed part of the dominions of a foreign state or potentate, but which by conquest or cession has become a part of the dominions of the Crown of England.” ”

“ In that case, the Court concluded that a procedure for hearing habeas in the District of Columbia’s courts, as distinct from the federal courts, was an adequate alternative. Finally, in Felker, 518 U.S. at 663-64, the Court found no Suspension Clause violation in the restrictions on successive petitions for the writ under the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1217, concluding that these were “well within the compass of [the] evolutionary process” of the habeas corpus protocol for abuse of the writ and did not impose upon the writ itself. ”

“ Finally, the court reasons that Eisentrager requires the conclusion that there is no constitutional right to habeas for those in the detainees’ posture. See Op. at 17-18. In Eisentrager, the detainees claimed that they were “entitled, as a constitutional right, to sue in some court of the United States for a writ of habeas corpus.” ”

“ As such, the case did not involve “an alien outside the territory of the sovereign.” Op. at 14-15. However, Schiever surely was not voluntarily brought into England, so his mere presence conferred no additional rights. As the Supreme Court observed in Verdugo-Urquidez, “involuntary [presence] is not the sort to indicate any substantial connection with our country.” 494 U.S. at 271. Any gap between Schiever and the detainees’ detention at Guantanamo Bay is thus exceedingly narrow.
This court need not make the final inference. It has already been made for us. ”

“ This proscription applies equally to removing the writ itself and to removing all jurisdiction to issue the writ. See United States v. Klein, 80 U.S. (13 Wall.) 128 (1872) . See generally Erwin Chemerinsky, Federal Jurisdiction § 3.2 (4th ed. 2003) .
1. Assessing the state of the law in 1789 is no trivial feat, and the court’s analysis today demonstrates how quickly a few missteps can obscure history. In conducting its historical review, the court emphasizes that no English cases predating 1789 award the relief that the detainees seek in their petitions. ”