evict foreign nationals who pose a risk to national security. The other side of the coin to the state’s right to control its national borders lies with the obligation to receive its nationals. Eviction of a foreign national is only possible because the country of the subject’s nationality agrees to accept her/him. Refusing readmission of a national would be interpreted as an illegal act that prevents the host state from exercising its border control power. Stateless persons do not fit in this reciprocal framework of rights and duties between nations. When stateless persons committing crimes that constitute a reason for deportation cannot be expelled because they do not have a country of origin, they can end up in indefinite detention. Kestusis Zadvydas (hereinafter referred to as Z) was a typical example, who took his case to court in the U.S. Z was born to Lithuanian parents in a displaced persons camp in Germany. He immigrated to the U.S. and lived there as a resident alien. Z was ordered deported to Germany for committing crimes that make aliens deportable, but Germany refused to accept him because he was not a German citizen. Z filed a petition for a writ of habeus corpus challenging his continued detention. The court of first instance granted that writ but the appeals court reversed the decision ruling that Z’s detention did not violate the Constitution because despite being in detention for five years, eventual deportation was not “impossible.” The Federal Supreme Court ruled in 2001 that due process applies to all humans in the U.S, regardless of whether the subject’s residency is legal/illegal or temporary/permanent. After the 6-month detention period, once an alien is able to reasonably show that there will be no significant likelihood of removal in the reasonably foreseeable future, the Government must furnish evidence sufficient to rebut such showing. Z was released until the country of his deportation was decided.30 The judicial response eventually relieved Z from detention. As long as States refuse to accept non-citizens facing deportation, however, stateless persons face the risk of unlimited detention around the globe.31 Surveillance, Citizenship and the State (2000) p.8. 30 Zadvydas v. Davis, 533 U.S. 678 (2001). In another case, the Supreme Court held that inadmissible aliens who are subject to removal cannot be held in detention indefinitely. Illegal aliens convicted of felonies may not be detained for more than six months while awaiting deportation if there is no prospect that their native countries will take them back. Cuba had refused to accept the return of those committing crimes in the U.S. (Clark v. Martinez, 543 U.S. 371 (2005)) .These persons can be described to be de facto stateless, as they were rejected from their native country. 31 See UNHCR, Guidelines on Applicable Criteria and Standards Relating to the Detention of Asylum-seekers (1999), Guideline 9. 15