added); Coalition of Clergy, 310 F.3d at 1164 n. 4 (Johnson “held that the privilege of the writ of habeas corpus could not be extended to aliens held outside the sovereign territory of the United States.”) (emphasis added). It is this emphasis on sovereignty, taken together with the lease agreements governing Guantanamo, that is fatal to Petitioner’s argument. See Lease of Lands for Coaling and Naval Stations, Feb. 23, 1903, U.S.-Cuba, T.S. No. 418 (6 Bevans 113) (“the 1903 Lease”); Relations with Cuba, May 9, 1934, U.S.-Cuba, T.S. No. 866 (6 Bevans 1161). Petitioner emphasizes that for all practical purposes the United States controls Guantanamo, but such control does not establish sovereignty. See Vermilyar-Brown Co. v. Connell, 335 U.S. 377, 390, 69 S.Ct. 140, 93 L.Ed. 76 (1948) (<HOLDING>); Cuban Am. Bar Ass’n, Inc. v. Christopher, 43
recognizing distinction between two types of waiver recognizing distinction between tolling and estoppel recognizing distinction between sole power and sovereignty recognizing a distinction between the power of a federal court to hear statelaw claims and the discretionary exercise of that power recognizing this distinction