Cerhob - I am no constitutional law expert but Hicks signed an agreement with the US and the Australian governments that enabled him to be released and returned to Australia. He would first have to test this agreement in a civil court in Australia and then possibly in the USA, and he would have a long and difficult road ahead to get to the High Court of Australia let alone higher courts in the USA. Australian courts may not be qualified to rule on his case because of the involvement of the US government as a party to the agreement, and you can bet that the US lawyers made sure the agreement was drafted to that effect. And he could still be subject to legal extradition back to the US at any time if he breaches his agreement in the first place.
