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That depends on several factors.

The US Supreme Court has original, but not exclusive, jurisdiction over cases involving foreign governments and their officials and dignitaries; however, most such cases are heard in US District Courts first. Cases involving regular citizens of foreign countries would most likely first be heard in US District Court, the US Court of Claims, or other appropriate court with special subject-matter jurisdiction.

The US Supreme Court may review writs of habeas corpus of foreign citizens being held in military prisons, or Congress may insist on granting jurisdiction to a special tribunal overseen by a District Court.

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