He has also served as a lawyer for Ali Saleh Kahlah al-Marri, who from 2003 to 2008, was the sole enemy combatant held in extrajudicial detention in the continental USA.
Hafetz is the author of Habeas Corpus after 9/11: Confronting America's New Global Detention System (NYU Press 2011).
[citation needed] On June 20, 2008 the Associated Press reported that government officials wanted to "rewrite detainee evidence".
The Supreme Court had ruled that Guantanamo captives were entitled to challenge the basis for their detention through the US justice system, because the Combatant Status Review Tribunals were not an adequate substitute for habeas corpus.
According to the article: At a closed-door meeting with judges and defense attorneys this week, government lawyers said they needed time to add new evidence and make other changes to evidentiary documents known as 'factual returns.