JOSE PADILLA, PETITIONER V UNITED STATES OF AMERICA, RESPONDENT WRIT OF HABEAS CORPUS

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06844355
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 5
• Document Creation Date: March 9, 2023
• Document Release Date: September 28, 2020
• Case Number: F-2016-02028

Approved for Release: 2020/09/23 C06844355
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UNTIED STATES DISTRICT COURT.
FOR THE SOUTHERN DISTRICT OF NEW YORK
JOSE PADILLA, WRIT OF HABEAS COWS
Petitioner
-v-
UNITED STATES OF AMERICA.
Respondent
. CIV. Oahe
DONNA R. NEWMAN, under penalty of PerituY affirm as 'Mem
I am duly admitted to practice before the United *States District Court of the Southern
District of New York.
2.1 was assigned by this Court to represent Petitioner Jose Padilla on or about May 15,
2001 pursuant to the Criminal Justice Act. I file this Petition, on behalf of Jose Peak, pursuant
to 28 U.S.C. 2242. as his attorney and representative.
3. Jose Padilla. an American CitiZek was arrested in Chicago. Illinois. at O'Hare Almon
MaY
111111111.111111111111111111.Counsel represented Padilla at every aim promo:be in this
district. Her representation has been continuous and remains up until the present. In connection
with her representation of petitioner, counsel has filed motions, visited petitioner regularly at the
Metropolitan Detention Center where he was detained until June 9. 2002, consulted with family
members and spoke to the government on his behalf
4 On information and belief: on May 9.2002. the United States Department of Justice,
without notice to counsel.11111111.111.1111111111.1.111111.11111111111111111MIMP
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United States Department of Delimse("Delbrise Deparunenr). On information and belie&
President Georgo W. Bush signed an executive order which authorized the detention ofPadilla as.
a "enemy combatants at a military prison. On irdbrmation and befieE Padilla is being Odd in
sapegation at the high-security Consolidated Naval Brig in Charleston. South Carolina:
5. The government. hu.refused counsel's request for information concerning her client's
stein. Counsel has had to rely upon nevis ripens tor 'Arminian.
6. The Department of Dekose his not remanded to counsel's request to visit with her
diem.
7. As a detainee in a military prisons it is likely Padfila's access to counsel will be strictly
restricted.
8.
WAccording to recent press releases, that informant is Abu Zubaydah. Mr. Zubaydah
has been credited with informing the United States of many schenies of at Qaecia. all of which
have proven to be not supported or corroborated The only result of his information has been filar
among the citizen of the United Sates. News commentators have questioned whether Abu
Zubaydah has used our own intelligence and our media to put fear and panic into the American
-2-
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people.
111011111111=111111110
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1111111111Wued on the recent infbrmation, there no longer edam probable cause to detain Padilla
twiny raison. .
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12. A grand jury investigating terrorism was in session during the period of time Padilla
was detained in New York. Padilla was not charged with an offense, and has not been charged
with an offense. On infbnnation and belief the grand jury was not presented With evidence of
Padilla's alleged involvement whh the "bomb scheme" or asked to nstunt a Bill of Indictment.
The evidence linking Padilla to the alleged "dirty bomb" plot is weak at best. There is insufficient
evidence for the government to obtain an indictment against Padilla.
13. Congress has not declared war and yet. Padilla is being detained at an "enemy
combatant- though Articles &War have been passed. Padilla's detention is pursuant to an
executive order. The current regulations governing military tribunals do not apply to ClititaRS.
Padilla has not been charged with a crime by the mWmuy court.
14 In short, the government's latest maneuver, similar to the government's detention
her& is an attempt to detain Padilla indefinitely. Further, similar to the conditions Patna
experienced here. 23 hour lock-down, leg and virist irons whenever upon any movement from his
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cell, no finely visits or contact w continue there. However, in addition. he is now ibreciosed
from meeting with his attorney.
15. Padfflas Censdtutimud rights have been violated, sarong the rights which the
government has violated am his right to Due Process, his right to be free from unreasonable
seizure, hisdgldtondhlsdghttoagmndjwy.
16. In the evert dds Court dachas to hear tWs petidon on the Dowd that it lacks
jurisdiction and that jurisdiction lies in another this district, petitioner reepecdWly requests that the
Court transfer this petition to appropriate (*strict cant which deal have jurisdiction to hew this
petition.
Wherefore, Petitioner respectibily requests this Court to order peddoner immediate
return to this Jurisdiction, his release from custody and in the alternative, order, the respondent to
permit petitioner access to counsel, including but not limited to telephone calls and personal visits.
Dated: June 11,2002
Newman.
Attorney for Jose Padilla
121 West 276 Street. Suite 1103
New York. N.Y. 10001
[phone]
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AFFMMATION 017 MAILING
DONNA R. NEWMAN, attorney for Petitions; Jose Padilla. hereby Minns under the
penalty of perjny pursuant to 74 USC 1746 to the Mowing
That 08 the 114 day *Hum 2002, I served a copy ofthe widths Petition for Habeas
Corpus Relief by hand to Assistant United States Attorney, Eric Bruce and filed a copy with the
Clerk of the Court for the Southern District of New York, SOO Peal Street, New York, New '-
York 10007.
� .
. Dated: June 11. 2002
.4ineaur6/ #414.�Nwp,e
Donna R. 14esvrnan
121 West 27. Street, Suite 1102
New York. New York 10001
[phone]
6299
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