Since everything started being run by administrative proceedure the remedies from the administration must be tried and failed. The court has no jurisdiction to rule where the administration has not yet been given the chance to exercise jurisdiction.
Quote:
But the ruling may be only a temporary set back for the plaintiffs. In a brief order written by Justices John Paul Stevens and Anthony Kennedy, the court suggested the detainees could appeal once their tribunals or preliminary hearings have been completed.
"Despite the obvious importance of the issues raised in these cases, we are persuaded that traditional rules governing our decision of constitutional questions ... and our practice of requiring the exhaustion of available remedies as a precondition to accepting jurisdiction over applications for the writ of habeas corpus ... make it appropriate to deny these petitions at this time."
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This is true for many many cases including ones against americans. However if the Administrative remedies have not been provided by the administration then no court can assume jurisdiction of the matter.