Foreign detainees also have the right to challenge their detentions. The Rasul v. Bush opinion is here (pdf).

United States courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad inconnection with hostilities and incarcerated at Guantanamo Bay.

(a) The District Court has jurisdiction to hear petitioners’ habeas challenges under 28 U. S. C. §2241, which authorizes district courts, “within their respective jurisdictions,” to entertain habeas applications by persons claiming to be held “in custody in violation of the . . . laws . . . of the United States,” §§2241(a), ©(3). Such jurisdiction extends to aliens held in a territory over which the United States exercises plenary and exclusive jurisdiction, but not “ultimate sovereignty.”