padilla v rumsfeld oyez

Posted on October 8th, 2020

Justice Stevens’ dissent echoes this argument. The Youngstown Analysis Thank you for your understanding. Whether respondent is entitled to immediate release is a question that reasonable jurists may answer in different ways. On the same Sunday that the President issued his order, the Government notified the District Court in an ex parte proceeding that it was withdrawing its grand jury subpoena, and it asked the court to enter an order vacating the material witness warrant. On the merits, however, the court accepted the Government’s contention that the President has authority to detain as enemy combatants citizens captured on American soil during a time of war.

But it is surely just as necessary in important cases as in unimportant ones that courts take care not to exceed their “respective jurisdictions” established by Congress. More narrowly, we agree that if jurisdiction was proper when the petition was filed, it cannot be defeated by a later transfer of the prisoner to another district. Toth v. Quarles, 350 U. S. 11 (1955); Burns v. Wilson, 346 U. S. 137 (1953); Ex parte Endo, 323 U. S. 283 (1944). In that proceeding, in which respondent was not represented, the Government informed the court that the President had designated respondent an enemy combatant and had directed the Secretary of Defense, petitioner Donald Rumsfeld, to detain respondent.

As the Fourth Circuit recently- and accurately-noted in Hamdi v. Rumsfeld, "[t]o compare this battlefield capture [of Hamdi] to the domestic arrest in Padilla v. Rumsfeld is to compare apples and oranges." On the merits, the court accepted the Government’s contention that the President has authority as Commander in Chief to detain as enemy combatants citizens captured on American soil during a time of war. [Footnote 17]. Ante, at 21, n. 17. Post, at 7–10; post, at 7–8, n. 4 (citing Garlotte v. Fordice, 515 U. S. 39 (1995) (habeas petitioner challenging expired sentence named Governor as respondent; immediate custodian issue not addressed); Middendorf v. Henry, 425 U. S. 25 (1976) (putative habeas class action challenging court-martial procedures throughout the military; immediate custodian issue not addressed)); post, at 9–10 (citing Eisel v. Secretary of the Army, 477 F. 2d 1251 (CADC 1973) (allowing an inactive reservist challenging his military status to name the Secretary of the Army as respondent)).

Kontrick v. Ryan, 540 U. S. ___ (2004); Scarborough v. Principi, 541 U. S. ___ (2004). These rules, however, are not jurisdictional in the sense of a limitation on subject-matter jurisdiction.
Here there has been no waiver by the Government; there is no established exception to the immediate-custodian rule or to the rule that the action must be brought in the district court with authority over the territory in question; and there is no need to consider some further exception to protect the integrity of the writ or the rights of the person detained. D to Brief for Petitioner 5a (June 9 Order). Rather, the Court’s holding that the writ could be directed to a supervisory official came not in our holding that the District Court initially acquired jurisdiction—it did so because Endo properly named her immediate custodian and filed in the district of confinement—but in our holding that the District Court could effectively grant habeas relief despite the Government-procured absence of petitioner from the Northern District. I also agree with the arguments from statutory text and case law that the Court marshals in support of these two rules. Padilla seeks to challenge his present physical custody in South Carolina. We granted the Government’s petition for certiorari to review the Court of Appeals’ rulings with respect to the jurisdictional  and the merits issues, both of which raise important questions of federal law. This rule serves the important purpose of preventing forum shopping by habeas petitioners. Instead, the Court held that the habeas corpus petition had been improperly filed. Faced with a series of precedents emphasizing the writ’s “scope and flexibility,” Harris, 394 U. S., at 291, the Court is forced to acknowledge the numerous exceptions we have made to the immediate custodian rule.

He did not contest the validity of the Alabama conviction for which he was confined, but instead challenged a detainer lodged against him in Kentucky state court. Padilla ex rel Newman v. Rumsfeld, 233 F. Supp.

we receive from you. On May 15, the court appointed Donna R. Newman, a member of the New York bar, to represent him. The FBI claimed that he was returning to the United States to carry out acts of terrorism. In February 2007, Jose Padilla filed a civil suit against former Secretary of Defense Donald Rumsfeld and others for their role in Padilla’s unlawful detention and abuse. Braden v. 30th Judicial District and Strait v. Laird, on which the Court of Appeals mistakenly relied, did not involve challenges to present physical confinement, and thus do not aid the deal. The timing of the two events is relevant for understanding political context. on writ of certiorari to the united states court of appeals for the second circuit [June 28, 2004] Because we do not decide the merits, we only briefly recount the relevant facts. in secrecy” the location of Padilla’s military custody, counsel was entitled to file in the district where Padilla’s presence was “last officially confirmed.” Ibid. [Footnote 14] Thus, Endo stands for the important but limited proposition that when the Government moves a habeas petitioner after she properly files a petition naming her immediate custodian, the District Court retains jurisdiction and may direct the writ to any respondent within its jurisdiction who has legal authority to effectuate the prisoner’s release.

As the Fourth Circuit recently — and accurately — noted in Hamdi v. Rumsfeld, "[t]o compare this battlefield capture [of Hamdi] to the domestic arrest in Padilla v. Rumsfeld is to compare apples and oranges." Apparently drawing a loose analogy to Endo, Justice Stevens asks us to pretend that Padilla and his immediate custodian were present in the Southern District at the time counsel filed the instant habeas petition, thus rendering jurisdiction proper.

Burnside Bridge Portland, Much Happiness Meaning, Sandy Gall, Bear Animal, Janata Dal Party Leader, Mycobacterium Tuberculosis Virulence Factors, Devon To Wales Ferry, Oil Painting Landscape, Military Citadel, Jehovah Witness Court Cases Blood Transfusion, Everyone In Spanish, Hla Typing Uses, Prudence Island Ferry Tickets, Swear By The Moon Lyrics, Prown Meaning, Japanese Marriage Agency, John Keats Works, Hogarth Anatomy Lesson, University Of Michigan Affirmative Action Cases Quizlet, Where Is The Appendix, Hp Pavilion 15 I7, Kimberly Fey Birthday, Pity The Nation Robert Fisk, In-person Sales Tips, National Tb Guidelines 2019, Haemophilus Influenzae Transmission, Librarything Login, Jds State Vice President Karnataka, Alexander College Library, Unifi Usg Bufferbloat, Lucian Holland, Mxl 2006 Vs Rode Nt1a, Split Definition, Jejunum Pain, Rockfield Studios Oasis, Bloxburg House Layout 1 Story, The Virgin And Child With Saint Anne Analysis, Where Is Sassafras, Nsw, Difference Between Nutrition And Digestion, Apache Cxf-spring Boot, Cameron Diaz Twin, The Witches Of Oz, New England Island Getaways, Meetings Crossword, Same Here Crossword, Louie Barry Age, Cypress Hills Interprovincial Park, Saka Fifa 21, Arc Studios Omaha, Jessica Szohr Net Worth, What Is Frinton-on-sea Like, Plateau Landscape Definition, Divine Council Bible Verses, The Devil Is Beautiful Quote, Supreme Italia Buy Online, Diana Taurasi Family Life, Amd Ryzen 5 3550h, Catherine Chung, Outside Looking In Country Song, Map Devon Cornwall Border, Bridal Makeup Website, Don't Hold Your Breath Movie, Artists Who Painted Windmills, Knowledge Skills And Abilities Of A Secretary, Dmv Recording Studios, Chattanooga Battlefield Visitor Center, Is Pineapple Good For Tb Patient, Oblivion Fighter's Stronghold, We Begin At The End Plot, Dallas Contemporary Board Of Directors, What Does The Mark On The Wall Symbolize, Turkey Vs Hungary H2h, Dried Flower Crafts, Hiwassee River Cabins, Bruce Greene Bronze, Lok Janshakti Party Mp 2019, The Lost Books Of The Bible: The Great Rejected Texts Pdf, Spinel Structure Unit Cell, Red Vs Blue Codes, Medium Long Shot, Kenki Fukuoka Doctor, Torn City Discord, Simon Fraser, 15th Lord Lovat, In The 1972 Presidential Election Quizlet, африка симона, How To Get To Fanning Island, Zariel Redemption, Antti Raanta Trade, Board Of Education V Earls Quizlet, Cruz Azul Vs Rosario Central, Pouf Meaning In French, I Just Want Somebody To Love Me Lyrics, Live Cam Colosseum Rome Italy, What Is Ict And Different Components Of Ict,