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Word Count: 1,250
With our ongoing war on terrorism Americans have become ridiculously paranoid to terrorist attack We go to extreme measures to keep ourselves safe even if it means that we are giving up some of our Constitutional rights We have even gone to such actions as the declaration of war on Iraq the heightening if airport security the placement of further restrictions on immigration and the internment of foreign nationals on counts of terrorist involvement As these foreign nationals pursue claims brought under the US Constitution it comes to the courts attention that the United States may not have jurisdiction in these cases The fact that the internees were captured in a land outside the geographical boundaries of the United States may come to show that the United States does not have jurisdiction in these cases Because the Petitioners and Plaintiffs were captured at the United States military base in Guantanamo Bay Cuba the United States does not have jurisdiction over these cases of Rasul v Bush and Odah v United States That is the petitioners and Plaintiffs do not have access to US courts and our Due Process of Law as stated in the Fifth Amendment of the United States Constitution In the Petitioners and Plaintiffs claims to the court Rasul and Petitioners seek Writ of Habeas Corpus as Odah and Plaintiffs argue that their confinement is in violation of The Alien Tort Claims Act and seek release from confinement Unless the court finds reason to take jurisdiction in these cases the Plaintiffs and Petitioners will be held incommunicado or without communication to relatives and other prisoners but with communication to lawyers and law representatives The court has decided to dismiss claims under The Alien Tort Claims Act and treat these cases as petitions for writ of habeas corpus from the aliens detained at Guantanamo Bay Cuba In viewing the cases the court turns to the similar case of Johnson v Eisentrager and its opinions
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