It had also been arguing that courts cannot compel the U.S. government to return him to this country.
The U.S. Supreme Court has unanimously determined the government must "facilitate" his release from the El Salvador prison where he is being held, but the Department of Justice has so far only confirmed his presence at that prison.
If he is not returned to this country to face due process, people following this case point out a troubling implication: The government could potentially send anyone to a foreign prison – regardless of citizenship – with no legal recourse.
Harvard University emeritus professor of constitutional law Laurence Tribe explains his argument.
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