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PADILLA v. RUMSFELD

No. 02 CIV. 4445(MBM).

243 F.Supp.2d 42 (2003)

Jose PADILLA, by Donna R. NEWMAN, as next friend, Petitioner, v. Donald RUMSFELD, Respondent.

United States District Court, S.D. New York.

March 11, 2003.

Attorney(s) appearing for the Case

Donna R. Newman, Esq., Andrew G. Patel, Esq., New York City, for Petitioner.

James B. Comey, Esq., United States Attorney for the Southern District of New York City, Paul D. Clement, Esq., Deputy Solicitor General, David B. Salmons, Sri Srinivasan, Assistants to the Solicitor General, U.S. Department of Justice, Office of the Solicitor General, Jonathan L. Marcus, Esq., Attorney, Department of Justice, U.S. Department of Justice, Washington, DC, Eric B. Bruce, Esq., Assistant U.S. Attorney, New York City, for Respondent.

Donald G. Rehkopf, Esq., Law Offices of Brenna & Brenna, Rochester, NY, for Amici Curiae The New York State Association of Criminal Defense Lawyers and The National Association of Criminal Defense Lawyers.

OPINION AND ORDER

MUKASEY, District Judge.

On December 4, 2002, this court issued an Opinion and Order (the "Opinion") which held, among other things, that petitioner Jose Padilla would be permitted to consult with counsel "in aid of his petition and, in particular, in aid of responding to the Mobbs Declaration [which described the factual basis for his detention] should he choose to do so." Padilla ex rel. Newman v. Bush, 233...

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