Effects of Rejecting Habeas Challenges In Iraq By U.S. citizens

This week the Supreme Court denied an application -- by a U.S. citizen being detained by the Multinational Force (MNF-I) in Iraq -- requesting to delay his transfer to the Iraqi court system. The legal question is whether habeas extends to a citizen being detained by an international force, to which the United States plays a substantial role, in Iraq on behalf of the Iraqi government. To be sure, the legal issue is a questionable one.
Separation of powers issues are strongly at play in petitioner's request to seek federal court review of the legality of that detention. Petitioner has focused on the reasons why a court should not deny habeas relief by giving deference toexecutive independence without court interference. However, the concern is a two way street. Without habeas relief, the Executive, with a desire to transfer a detained U.S. citizen to a foreign power, may collect evidence of the detained, deem him fit to be transfered, and then transfer him to the foreign power to be charged with no judicial oversight. To be sure, one can make the argument that this case is strictly limited to where the United States is acting as part of a coalition force, but is that not a distinction without a difference.
With no habeas relief for U.S. citizens abroad, the Executive (through a coalition force they control) may pick up U.S. citizens abroad and transfer them to foreign powers with impunity. Does not the fundamental tenets of our Constitutional order require the judicial branch to provide an independent inquiry into the validity of Executive constraints upon an individual citizen. The court should not deny itself the right to that inquiry on behalf of U.S. citizens.
Although the Supreme Court rejected the application it may not have been because it rejected petititoner's habeas arguments. There is still a possibility that the D.C. Circuit will grant an en banc review of the opinion that denied petitioner his relief. Conceivably, upon final resolution of the case of the application in the D.C. Circuit the Court may accept the case. However, it should be remembered that Munaf is awaiting transfer to Iraqi custody to face his death sentence (by hanging, presumably).

--Petititoner's request for injunctive relief in the Supreme Court can be found here. This includes, as appendix, the lower court opinions of both this case and that of Omar v. Harvey (granting the temporary injunctive relief until the case is heard).