Last year I wrote about how the stripping of habeas corpus in the Military Commission Act was a bad policy:

Essentially what this allows the government to do is to take someone into custody that they believe to be an alien, and hold them without a hearing.  This is bad.  What if the government takes the wrong person into custody, and that mistaken detainee is a citizen?  A person... any person... who is detained within the jurisdiction of the civilian government of the United States of America should always have the right to challenge that determination before a neutral party.  This is necessary, if for no other reason than to allow a person to stand before a judge and say, I'm not the person they say I am, and here is my identification to prove it.  Those are Constitutionally guaranteed rights... period.  Those rights are so important, that we must assume that anyone taken into custody is a citizen with those rights, until the government has proven otherwise to a judge.  The framework of the courts, and the Constitution, has always made the assumption that the government is wrong until they prove otherwise!  That is the whole point of habeas corpus.

To provide a loophole, where the government can simply say they thought a person was alien, and allow them to not prove it before a judge, is disastrous.

In a 5-4 decision, the Supreme Court ruled in favor of habeas corpus rights for prisoners at Gitmo.