US wants Padilla appeals ruling withdrawn Alexis Unkovic at 10:06 AM ET
[JURIST] The US government urged the US Fourth Circuit Court of Appeals [official website] in court papers filed Friday to withdraw its September 9, 2005 opinion [PDF text; JURIST report] which denied the habeas petition of Jose Padilla [JURIST news archive], the American "dirty bomb" suspect, and allowed the government to hold Padilla indefinitely as an "enemy combatant" without charging him with a crime. The government argued that the case of Padilla's military custody is now moot, as he was indicted on 11 criminal counts [JURIST report; PDF text] by civil authorities in Florida on November 22. If the Fourth Circuit sets aside its September ruling, Padilla's pending appeal [PDF cert. petition; JURIST report] to the US Supreme Court may be rendered null and void because there would technically be no ruling to appeal. Reuters has more.
Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.