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Padilla v. Hanft
United States Supreme Court
547 U.S. 1062 (2006)
On May 8, 2002, Jose Padilla (defendant), a United States citizen, was detained by federal agents pursuant to a material witness warrant at O’Hare International Airport in Chicago. Padilla was transported to New York on May 22, 2002. Padilla moved to vacate the warrant. While Padilla’s motion was pending, the president issued an order to the secretary of defense designating Padilla as an enemy combatant and that Padilla should be detained by the military. Padilla was taken to the Consolidated Naval Brig in Charleston, South Carolina. Padilla filed a habeas corpus petition in the Southern District of New York challenging Padilla’s detention. The district court denied the petition, but the Court of Appeals for the Second Circuit reversed and ordered the issuance of a writ directing for the release of Padilla. The Supreme Court granted cert and ordered the dismissal of the habeas corpus petition without prejudice because the petition should have been filed in South Carolina, not New York. In July 2004, Padilla filed a subsequent habeas corpus petition in the United States District Court for the District of South Carolina. The district court granted the petition, but the Court of Appeals for the Fourth Circuit reversed that judgment. Padilla again filed for a writ of certiorari. The government (plaintiff) subsequently obtained an indictment and charged Padilla with federal crimes. The president ordered that Padilla be released from military custody and transferred to the control of the attorney general. The government filed a motion for approval for Padilla’s transfer in the Court of Appeals for the Fourth Circuit. The court of appeals denied the motion. The Supreme Court granted cert. The government filed a brief in opposition to certiorari arguing that Padilla’s petition was moot.
Rule of Law
Holding and Reasoning
Concurrence (Kennedy, J.)
Dissent (Ginsburg, J.)
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