[Thud]

Sorry for the cross-post - I did a search for Padilla but yours didn't turn up. Here's a link to the 53-page PDF file for the 2nd Circuit Court opinion:

http://www.ca2.uscourts.gov:81/isysnative/RDpcT3BpbnNcT1BOXDAzLTIyMzVfb3BuLnBkZg==/03-2235_opn.pdf#xml=http://10.213.23.111:81/isysquery/irldeab/1/hilite

[NonValueAdded]

Isn't this a case of the system working properly? This CINO (citizen in name only) got a judicial review by means of a writ of habeus corpus but hopefully will receive justice in the end.

Note from the decision, clickable here that [emphasis added]:

We also conclude that Padilla’s detention was not authorized by Congress, and absent such authorization, the President does not have the power under Article II of the Constitution to detain as an enemy combatant an American citizen seized on American soil outside a zone of combat.

So it appears the "error" is we need to wait until CONUS becomes a zone of combat. Flashback to 9/11 - did you hear explosions?