Padilla's argument reduces to a request for a new exception to the immediate custodian rule based upon the unique facts of this case while padilla's detention is undeniably unique in many respects, it is at bottom a simple challenge to physical custody imposed by the executive — the traditional core of the great writ. Ex parte mitsuye endo was a united states supreme court decision, handed down on december 18, 1944, the same day as their decision in korematsu v united states. Rumsfeld v padilla 2713 cite as 124 sct 2711 (2004) 542 us 428 second circuit agreed that the secretary was a proper respondent and that the southern district had jurisdiction over the. 1 petitioner in this case, jose padilla, was arrested on may 8, in response, secretary rumsfeld described padilla as an individual who unquestionably was involved in terrorist activities against the united states id before henderson, in us ex rel sero v.
The case, lebron v rumsfeld, directly raises padilla’s fundamental constitutional rights for a remedy, padilla and his mother simply seek a declaration that padilla’s rights were violated. Table of contents table of authorities ii preamble1 i this case is about the constitutional rights of mr padilla1 a an analysis of ex parte milligan - the controlling precedent herein 3 b the respondents’ actions illegally establish “martial law” 6. A case brief summary of hamdi v rumsfeld, 542 us 507 (2004) read the text case brief at . Ex parte quirin, 317 us 1, 63 s ct 1, 87 l ed 3 (1942), the case that provided principal support for the central holding in the opinionthat the president's order to detain padilla as an unlawful combatant is an authorized and proper exercise of his powers as commander in chief, padilla, 233 fsupp2d at 593-96was decided on such an.
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 in august 2008, the government filed a motion to dismiss the case, and in 2011, the aclu joined the case as co-counsel for padilla alongside hope metcalf, tahlia townsend, and jonathan freiman of the allard k lowenstein. Secretary rumsfeld  was charged by the president in the june 9 order with detaining padilla n21 pursuant to that order, the material witness warrant was withdrawn and secretary rumsfeld was instructed to take custody of padilla secretary rumsfeld then sent dod personnel into the southern district of new york to (1) remove padilla from. Fed ex vs ups case analysis essay examples fed ex vs ups case analysis essay examples 2769 words 12 pages executive summery the parcel service industry is made up of four main competitors these competitors are ups, fedex, airborne express, and the us postal service facts of padilla vs rumsfeld case, ex parte quirin case, and hamdi.
In padilla’s case, a divided panel of the court of appeals had distinguished the fourth circuit’s decision in hamdi based on where padilla was arrested (inside the united states, as opposed to in afghanistan), and held that padilla’s detention was prohibited by the non-detention act, 18 usc § 4001(a. Padilla ex rel newman v bush, 233 f supp 2d 564, 571 (sdny 2002) 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 ibid. The supreme court heard the case, rumsfeld v padilla, in april 2004, but on june 28, 2004, the court dismissed the petition on technical grounds because: ↑ padilla sues ex-bush official over memos anderson, curt 2008-01-04. Because padilla's attorney had listed secretary of defense donald rumsfeld as the defendant, instead of the brig commander, and because the suit was filed in new york instead of in south carolina, where the commander lived and worked, the court found that the case would have to be re-filed in a federal district court in south carolina. Rumsfeld, secretary of defense v padilla et al certiorari to the united states court of appeals for the second circuit but argues that the rule is flexible and should not apply on the unique facts of this case the court disagrees ex parte endo, 323 us 283, 304—305, distinguished although padilla’s detention is unique in many.
Rumsfeld v padilla, 542 us 426 (2004) padilla ex rel newman v bush, 233 f supp 2d 564 in this case, secretary rumsfeld no doubt has sufficient contacts with the southern district properly to be served with process there the secretary, after all, ordered military personnel to that forum to seize and remove respondent. 1 for purposes of this appeal from the grant of padilla’s motion for summary judgment, the court should construe the facts in the light most favor-able to the federal government bishop v wood, 426 us 341, 347 (1976) 3 related military training. A summary and case brief of zivotofsky ex rel zivotofsky v kerry (zivotofsky ii), including the facts, issue, rule of law, holding and reasoning, key terms, and concurrences and dissents zivotofsky ex rel zivotofsky v. 03-2235 03-2438 in the united states court of appeals for the second circuit jose padilla, donna r newman, as next friend, petitioner-appellee appellant.
Supreme court of the united states _____ ali saleh kahlah al-marri petitioner, v whether, under ex parte endo, a clear statement is necessary to authorize the padilla v rumsfeld, 352 f3d 695 (2d cir 2003), vacated on other grounds, 542. The enemy combatant in that case, like padilla and yaser esam hamdi, see hamdi v rumsfeld, no 03-6696 (cert granted jan 9, 2004), is being held at the consolidated naval brig, charleston, south carolina. You may use research sources in addition to your provide the facts of padilla v rumsfeld, ex parte quirin, and hamdi v rumsfeld discuss whether there are additional rights being denied detainees at guantanamo bay according to the padilla case finally,. Rumsfeld facts for padilla v rumsfeld in padilla v rumsfeld, an american citizen was arrested in chicago as he stepped off an airplane federal authorities received a tip that he was planning on conducting a terrorist attack using a dirty bomb.
-in the case that the argument for emergency powers is acceptable,the president would find support that he knew of confidential information that enables him to act quickly and decisively to detain padilla for the safety of the nation. Check your final draft for accurate spelling, punctuation, and grammar provide the facts of padilla v rumsfeld , ex parte quirin , and hamdi v rumsfeld. However, on june 9, the government notified the court ex parte that (1) it wished to withdraw its subpoena and (2) the president had issued an order (the “june 9 order”) designating padilla as an enemy combatant and directing secretary rumsfeld to detain him.
Padilla was detained when he returned to the us the us government originally claimed he was trying to set off a dirty bomb, but the rationale has changed several times many of the issues raised in the padilla case are related to those determined in hamdi v rumsfeld. The padilla case, as much as any other to date, illustrates the disintegration of democracy in the us and the erection of the legal scaffolding of a police state the case, lebron v rumsfeld. Rumsfeld v padilla , 542 us 426 (2004), was a united states supreme court case, in which josé padilla , an american citizen, sought habeas corpus relief against secretary of defense donald rumsfeld , as a result of his detention by the military as an unlawful combatant .