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RUMSFELD v. PADILLA

No. 03-1027.

542 U.S. 426 (2004)

RUMSFELD, SECRETARY OF DEFENSE v. PADILLA ET AL.

Supreme Court of United States.

Decided June 28, 2004.

Attorney(s) appearing for the Case

Deputy Solicitor General Clement argued the cause for petitioner. With him on the briefs were Solicitor General Olson, Sri Srinivasan, and Jonathan L. Marcus.

Jennifer S. Martinez argued the cause for respondents. With her on the brief were Donna R. Newman, Andrew G. Patel, Jonathan M. Freiman, David W. DeBruin, William M. Hohengarten, and Matthew Hersh.*

REHNQUIST, C. J., delivered the opinion of the Court, in which O'CONNOR, SCALIA, KENNEDY, and THOMAS, JJ., joined. KENNEDY, J., filed a concurring opinion, in which O'CONNOR, J., joined, p. 451. STEVENS, J., filed a dissenting opinion, in which SOUTER, GINSBURG, and BREYER, JJ., joined, p. 455.

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

Respondent Jose Padilla is a United States citizen detained by the Department of Defense pursuant to the President's determination that he is an "enemy combatant" who conspired with al Qaeda to carry out terrorist attacks in the United States. We confront two questions: First, did Padilla properly file his habeas petition in the Southern District of New York; and...

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