Hamdi is demanded by due process that he be given the opportunity to challenge the facts of his capture, since he is a United States citizen. Hamdi was detained pursuant to AUMF, the requirement that an individual is being detained is pursuant to “an Act of Congress,” per 18 U.S.C. § 4001(a), is satisfied. AUMF is authorized to detain an enemy combatant only if they are clear that person is in fact an enemy combatant. Due process meant that Hamdi should be allowed the opportunity to challenge the Mobbs Declaration with counter evidence at a neutral hearing. Hamdi had not been given a chance to challenge his alleged status as an enemy combatant which means he had not received his due process. The military’s interrogation of Hamdi did not