Hanft v. Padilla

Background

Jose Padilla asked the Supreme Court to review a Fourth Circuit ruling that upheld his detention by military authorities. The Government asked the Fourth Circuit for permission to move Padilla from military custody to the warden of a federal detention center in Florida so he could face criminal charges in an indictment filed on November 17, 2005. Padilla agreed to the transfer. The Fourth Circuit denied the request, saying the Supreme Court should decide whether the transfer could proceed. The Solicitor General then filed the same request directly with the Supreme Court. Padilla asked the Court to delay any release from military custody until his petition for review was decided.

Reasoning

The central practical question was whether the Court would authorize the transfer while review of the detention order was pending. The Government’s application, presented to the Chief Justice and referred to the full Court, was granted. The opinion notes a Court rule that prevents transferring someone who is the subject of an ongoing review unless the transfer is authorized. By granting the application, the Court allowed the requested transfer while preserving its ability to decide the pending petition in due course.

Real world impact

The immediate effect is that Padilla may be moved from military custody to a federal detention center in Florida to face the indicted criminal charges. This decision is procedural: it authorizes custody transfer but does not decide the larger merits of Padilla’s challenge to his detention. The Court said it will still consider the pending petition for review.