LawAppendix: Habeas Flowchart
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Is the detainee a civilian?
 
 




YES


NO



 
Is the detainee an American citizen?
 
Was the detainee afforded adequate process during his status determination?
 


YES


NO


NO


YES

HABEAS
 
Is the detainee held in territory over which the United States is sovereign?
 
NO HABEAS




NO


YES



 
ENTITLEMENT TO HABEAS UNCLEAR
 
Do practical obstacles outweigh the detainee's entitlement to habeas?
 






YES


NO

 
 
NO HABEAS
 
HABEAS