027338R2.P

PUBLISHED
Filed: August 6, 2004
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7338
YASER ESAM HAMDI; ESAM FOUAD HAMDI, as next
friend of Yaser Esam Hamdi,
Petitioners - Appellees,
versus
DONALD RUMSFELD; W. R. PAULETTE, Commander,
Respondents - Appellants.
_______________________________________
RUTH WEDGWOOD, Professor of Law, Yale
University Law School, and Edward B. Burling,
Professor of International Law and Diplomacy,
Johns Hopkins University; SAMUEL ESTREICHER,
Professor of Law, New York University School
of Law; RONALD ROTUNDA, George Mason
University Foundation Professor of Law, George
Mason University School of Law; DOUGLAS W.
KMIEC, Dean & St. Thomas More Professor of
Law, Catholic University; DAVID B. RIVKIN,
JR.; LEE A. CASEY; DARIN R. BARTRAM;
Amici Curiae in support
of Appellants,
CENTER FOR CONSTITUTIONAL RIGHTS; RICHARD L.
ABEL, Connell Professor of Law, University of
California at Los Angeles; WILLIAM J. ACEVES,
Professor of Law, California Western School of
Law; BRUCE A. ACKERMAN, Sterling Professor of
Law & Political Science, Yale University; LEE
A. ALBERT, Professor of Law, University at
Buffalo Law School, The State University of
New York; BARBARA BADER ALDAVE, Loran L.
Stewart Professor of Corporate Law, University

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of Oregon School of Law; ALICIA ALVAREZ,
Clinical Associate Professor of Law, DePaul
University School of Law; DIANE MARIE AMANN,
Professor of Law, University of California,
Davis, School of Law; MICHELLE J. ANDERSON,
Associate Professor of Law, Villanova
University School of Law; FRAN ANSLEY,
Professor of Law, University of Tennessee
College of Law; ELVIA R. ARRIOLA, Associate
Professor of Law, Northern Illinois University
College of Law; FRANK ASKIN, Professor of Law
and Robert Knowlton Scholar, Rutgers School of
Law at Newark; MILNER S. BALL, Caldwell
Professor of Constitutional Law, University of
Georgia School of Law; JON BAUER, Clinical
Professor of Law and Director, Asylum & Human
Rights Clinic University of Connecticut School
of Law; PAUL SCHIFF BERMAN, Associate
Professor, University of Connecticut School of
Law; CYNTHIA BOWMAN, Professor of Law,
Northwestern University School of Law; MARK S.
BRODIN, Professor of Law, Boston College Law
School; BARTRAM S. BROWN, Professor of Law,
Chicago-Kent College of Law, Illinois
Institute of Technology; SUE BRYANT, Director
of Clinical Education and Associate Professor
of Law, CUNY School of Law; BURTON CAINE,
Professor of Law, Temple University School of
Law; EMILY CALHOUN, Professor of Law,
University of Colorado School of Law; ANUPAM
CHANDER, Acting Professor of Law, University
of California, Davis, School of Law; ERWIN
CHEMERINSKY, Sydney M. Irmas Professor of
Public Interest Law, Legal Ethics and
Political Science, University of Southern
California Law School; PAUL G. CHEVIGNY, Joel
S. and Anne B. Ehrenkranz Professor of Law,
New York University Law School; PAUL CHILL,
Clinical Professor of Law, University of
Connecticut School of Law; GABRIEL J. CHIN,
Rufus King Professor of Law, University of
Cincinnati College of Law; CAROL CHOMSKY,
Associate Professor of Law, University of
Minnesota Law School; MARGARET CHON, Associate
Professor of Law, Seattle University School of
Law; MARJORIE COHN, Associate Professor of
Law, Thomas Jefferson School of Law, San
Diego; ROBIN MORRIS COLLIN, Professor of Law,
University of Oregon School of Law; DENNIS E.
CURTIS, Clinical Professor of Law, Yale Law

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School; ERIN DALY, Associate Professor of Law,
Widener University; MICHAEL H. DAVIS,
Professor of Law, Cleveland State University;
MICHAEL DEUTSCH, Adjunct Professor of Law,
Northwestern University School of Law; LAURA
DICKINSON, Associate Professor, University of
Connecticut School of Law; ROBERT DINERSTEIN,
Associate Dean and Professor of Law, American
University, Washington College of Law; JANE
DOLKART, Associate Professor of Law, Dedman
School of Law, Southern Methodist University;
SHARON DOLOVICH, Acting Professor of Law,
University of California at Los Angeles;
DOUGLAS L. DONOHO, Professor of Law, Nova
Southeastern University, Shepard Broad Law
Center; DOLORES DONOVAN, Professor of Law,
University of San Francisco School of Law;
MARY L. DUDZIAK, Judge Edward J. and Ruey L.
Guirado Professor of Law and History,
University of Southern California Law School;
Visiting Research Scholar, Woodrow Wilson
School of Public and International Affairs,
Princeton University; PAMELA EDWARDS,
Assistant Professor of Law, CUNY School of
Law; NANCY EHRENREICH, Associate Professor of
Law, University of Denver College of Law; ROSA
EHRENREICH BROOKS, Associate Professor of Law,
University of Virginia School of Law; J.
SOFFIYAH ELIJAH, Clinical Instructor, Criminal
Justice Institute, Harvard Law School; SUSAN
J. FEATHERS, Esq., Director, Public Service
Program, University of Pennsylvania Law
School; MARVIN FEIN, Associate Professor,
University of Pittsburgh School of Law; TODD
D. FERNOW, Professor of Law, Director,
Criminal Clinic, University of Connecticut
School of Law; SALLY FRANK, Professor of Law,
Drake University School of Law; KATHERINE
FRANKE, Professor of Law, Columbia University;
ERIC M. FREEDMAN, Professor of Law, Hofstra
University School of Law; NIELS W. FRENZEN,
Clinical Assistant Professor of Law,
University of Southern California; CRAIG B.
FUTTERMAN, Assistant Clinical Professor of
Law, University of Chicago Law School; KRISTIN
BOOTH GLEN, Dean and Professor of Law, CUNY
School of Law; BRIAN GLICK, Associate Clinical
Professor of Law, Fordham Law School; HOWARD
A. GLICKSTEIN, Dean and Professor of Law,
Touro Law School; PHYLLIS GOLDFARB, Professor

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of Law, Boston College Law School; BOB GOLTEN,
Director, International Human Rights Advocacy
Center, University of Denver; CARLOS E.
GONZALEZ, Associate Professor of Law, Rutgers
School of Law - Newark; Visiting Associate
Professor of Law, Santa Clara University
School of Law; KENNETH W. GRAHAM, JR.,
Professor of Law, University of California at
Los Angeles; ARIELA GROSS, Professor of Law &
History, The Law School, University of
Southern California; LOUISE HALPER, Professor
of Law, Washington & Lee University School of
Law; JOEL F. HANDLER, Richard C. Maxwell
Professor of Law and Professor of Policy
Studies, School of Public Policy and Social
Research, University of California at Los
Angeles; SIDNEY L. HARRING, Professor of Law,
CUNY Law School; VIRGINIA HENCH, Associate
Professor of Criminal Law & Procedure & Civil
Rights, University of Hawaii - Manoa; KATHY
HESSLER, Professor, Case Western Reserve
University School of Law; JUDITH L. HOLMES,
Assistant Professor of Legal Studies,
University of Massachusetts - Amherst; WYTHE
W. HOLT, JR., University Research Professor of
Law, University of Alabama School of Law; JOAN
HOWARTH, Professor of Law, University of
Nevada, Las Vegas; MARSHA HUIE, Professor of
Law, The University of Tulsa College of Law;
ERIC S. JANUS, Professor of Law, William
Mitchell College of Law; PAULA C. JOHNSON,
Associate Professor of Law, Syracuse
University College of Law; JOSE R. JUAREZ,
JR., Professor of Law, St. Mary's University
School of Law; DAVID KAIRYS, James E. Beasley
Professor of Law, Beasley School of Law,
Temple University; YALE KAMISAR, Clarence
Darrow Distinguished University Professor of
Law, University of Michigan; JERRY KANG,
Professor of Law, University of California at
Los Angeles; LEWIS R. KATZ, John C. Hutchins
Professor of Law, Case Western Reserve
University Law School; EILEEN KAUFMAN,
Professor of Law, Touro Law School; MICHAEL J.
KELLY, Assistant Professor, Creighton
University School of Law; RANETA LAWSON MACK,
Professor of Law, Creighton University School
of Law; DAVID P. LEONARD, Professor of Law and
William M. Rains Fellow, Loyola Law School,
Los Angeles; JOHN LEUBSDORF, Professor of Law,

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Rutgers Law School-Newark; MARTIN L. LEVY,
Professor, Thurgood Marshall School of Law,
Texas Southern University; JULES LOBEL,
Professor of Law, University of Pittsburgh Law
School; DAVID LUBAN, Frederick Haas Professor
of Law and Philosophy, Georgetown University
Law Center; BETH LYON, Assistant Professor of
Law, Villanova University School of Law; HOLLY
MAGUIGAN, Professor of Clinical Law, New York
University School of Law; SAMUEL A. MARCOSSON,
Associate Professor, Louis D. Brandeis School
of Law, University of Louisville; GARY M.
MAVEAL, Associate Professor of Law, University
of Detroit Mercy School of Law; ROBERT F.
MEAGHER, Emeritus Professor, Fletcher School
of Law and Diplomacy, Tufts University; CARLIN
MEYER, Professor of Law, New York Law School;
JONATHAN M. MILLER, Professor of Law,
Southwestern University School of Law;
MARGARET E. MONTOYA, Professor of Law,
University of New Mexico School of Law;
BEVERLY MORAN, Professor of Law, Professor of
Sociology, Vanderbilt University School of
Law; DAVID A. MORAN, Assistant Professor of
Law, Wayne State University Law School;
MARY-BETH MOYLAN, Instructor of Law,
University of the Pacific, McGeorge School of
Law; MILLARD A. MURPHY, Esq., Clinical
Instructor, Prison Law Clinic, University of
California, Davis, School of Law; KENNETH B.
NUNN, Professor of Law, Fredric G. Levin
College of Law, University of Florida; JAMES
P. OGILVY, Associate Professor of Law,
Columbus School of Law, The Catholic
University of America; NANCY K. OTA, Professor
of Law, Albany Law School; MARC R. POIRIER,
Professor of Law, Seton Hall Law School; JAMES
POPE, Professor of Law and Sidney Reitman
Scholar, Rutgers University School of Law;
DEBORAH W. POST, Professor of Law, Touro Law
School; WILLIAM QUIGLEY, Professor of Law and
Director of the Loyola Law Clinic & the Gillis
Long Poverty Law Center, Loyola Law School;
MARGARET JANE RADIN, Wm. Benjamin Scott and
Luna M. Scott Professor of Law, Stanford Law
School; MARTHA RAYNER, Associate Clinical
Professor of Law, Fordham University School of
Law; JUDITH RESNICK, Arthur Liman Professor of
Law, Yale Law School; PAULA R. RHODES,
Associate Professor of Law, Director, LLM in

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American and Comparative Law Program,
University of Denver College of Law; HENRY J.
RICHARDSON, III, Peter J. Liacouras Professor
of Law, Temple Law School; ANNELISE RILES,
Professor of Law and Professor of
Anthropology, Cornell University; TONI
ROBINSON, Professor of Law, Quinnipiac School
of Law; FLORENCE WAGMAN ROISMAN, Professor of
Law and Paul Beam Fellow, Indiana University
School of Law-Indianapolis; KERMIT ROOSEVELT,
Assistant Professor, University of
Pennsylvania Law School; TANINA ROSTAIN,
Associate Professor, New York Law School; JED
RUBENFELD, Robert R. Slaughter Professor of
Law, Yale University; DAVID RUDOVSKY, Senior
Fellow, University of Pennsylvania Law School;
LEILA NADYA SADAT, Professor of Law,
Washington University in St. Louis; NATSU
TAYLOR SAITO, Professor of Law, Georgia State
University College of Law; ROBERT F. SEIBEL,
Professor of Law, CUNY Law School; FRANKLIN
SIEGEL, City University of New York School of
Law; ROBERT A. SEDLER, Distinguished Professor
of Law and Gibbs Chair in Civil Rights and
Civil Liberties, Wayne State University; MARCI
SEVILLE, Associate Professor of Law and
Director, Women's Employment Rights Clinic,
Golden Gate University School of Law; MARJORIE
SILVER, Professor, Touro Law Center; EILEEN
SILVERSTEIN, Zephaniah Swift Professor of Law,
University of Connecticut; DAVID SLOSS,
Assistant Professor of Law, Saint Louis
University School of Law; RONALD C. SLYE,
Associate Professor, Seattle University School
of Law; LLOYD B. SNYDER, Professor of Law,
Cleveland State University; ANDREJ THOMAS
STARKIS, Assistant Professor of Law,
Massachusetts School of Law; NORMAN STEIN,
Douglas Arant Professor of Law, University of
Alabama School of Law; JOAN STEINMAN,
Distinguished Professor of Law, Chicago-Kent
College of Law; ROBERT N. STRASSFELD,
Professor of Law, Case Western Reserve
University School of Law; ROBERT L. TSAI,
Assistant Professor of Law, University of
Oregon School of Law; BETH VAN SCHAACK,
Assistant Professor, Santa Clara University
School of Law; DEBORAH M. WEISSMAN, Associate
Professor of Law and Director of Clinical
Programs, University of North Carolina School

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of Law; CHARLES E. WILSON, Associate Professor
of Law, The Ohio State University College of
Law; RICHARD J. WILSON, Professor, Washington
College of Law, American University; ADAM
WINKLER, Acting Professor of Law, University
of California at Los Angeles; STEPHEN WIZNER,
William O. Douglas Clinical Professor of Law
and Supervising Attorney, Yale Law School;
MARK E. WOJCIK, Associate Professor of Law,
The John Marshall Law School, Chicago; FRANK
H. WU, Professor of Law, Howard University;
CLIFF ZIMMERMAN, Clinical Associate Professor
of Law, Northwestern University; NATIONAL
LAWYERS' GUILD, Heidi Boghosian, Executive
Director; NATIONAL IMMIGRATION PROJECT OF THE
NATIONAL LAWYERS GUILD, Dan Kesselbrenner,
Executive Director; NATIONAL LAWYERS GUILD NEW
YORK CHAPTER, Dana Biberman, President; HUMAN
RIGHTS WATCH, James Ross, Senior Legal
Counsel; SOUTHERN POVERTY LAW CENTER, Rhonda
Brownstein, Legal Director; UNITARIAN
UNIVERSALIST SERVICE COMMITTEE, Denise
Moorehead, Deputy Director of Program; PUERTO
RICO LEGAL DEFENSE AND EDUCATION FUND,
INCORPORATED, Foster Maer, Acting Legal
Director; NATIONAL COALITION TO PROTECT
POLITICAL FREEDOM, Kit Gage, President; FIRST
AMENDMENT FOUNDATION, Kit Gage, Director;
NATIONAL LAWYER'S GUILD/MAURICE & JANE SUGAR
LAW CENTER FOR ECONOMIC & SOCIAL JUSTICE,
Julie Hurwitz, Executive Director; CIVIL
LIBERTIES MONITORING PROJECT, Jared Rossman,
President; ASSOCIATION OF LEGAL AID ATTORNEYS,
U.A.W. LOCAL 2325, Michael Letwin, Esq.,
President; PARTNERSHIP FOR CIVIL JUSTICE, Mara
Verheyden-Hilliard, co-founder; TRIAL LAWYERS
FOR PUBLIC JUSTICE, Rebecca Epstein, Staff
Attorney; FREEDOM SOCIALIST PARTY, Val
Carlson; JEWISH ALLIANCE FOR LAW AND SOCIAL
ACTION, Andrew M. Fischer; THE INNOCENCE
PROJECT AT THE BENJAMIN N. CARDOZO SCHOOL OF
LAW, Nina Morrison, Esq., Executive Director;
ELLA BAKER CENTER FOR HUMAN RIGHTS, Van Jones,
National Executive Director; AMERICAN FRIENDS
SERVICE COMMITTEE, Mary Ellen McNish, General
Secretary; REBER BOULT, Esq., Albuquerque, New
Mexico; HUNTER GRAY; JOHN MAGE, Esq., New
York, New York; DOUGLAS N. MASTERS, Esq.,
Chicago, Illinois; LAURA BETH NIELSEN,
Research Fellow, American Bar Foundation;

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LEONARD WEINGLASS, Esq., New York, New York;
CAMILLE WHITWORTH, Esq., Austin, Texas;
MITCHELL ZIMMERMAN, Esq., Co-Coordinator, Law
Professors for the Rule of Law; NATIONAL
ASSOCIATION OF CRIMINAL DEFENSE LAWYERS;
AMERICAN CIVIL LIBERTIES UNION FOUNDATION;
AMERICAN CIVIL LIBERTIES FOUNDATION OF
VIRGINIA;
Amici Curiae in support
of Appellees.
ORDER
The United States Supreme Court has vacated the
judgment and remanded this case. In obedience to the mandate
of the Supreme Court we hereby remand the case to the Eastern
District of Virginia for further proceedings consistent with
the Supreme Court’s decision. In light of the Court’s holding
in Rumsfeld v. Padilla, 124 S. Ct. 2711 (2004), we note that
any motion with respect to the issue of venue may be addressed
to the district court.
Entered at the direction of Chief Judge Wilkins, with
the concurrence of Judge Wilkinson and Judge Traxler.
For the Court
/s/ Patricia S. Connor
______________________
CLERK

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