3.  The initial petition for habeas relief was filed on June 11, 2002, and it was amended on June 19, 2002.  The amended petition states that Padilla has been detained by the military without being "charged with any offense" (Amend. Pet. 30) and without access to counsel (id.  28).  The amended petition raises three claims challenging the "[]lawfulness of [Padilla's] detention."  Id. at 7 (heading).

First, the amended petition contends (id. 32-35) that Padilla's detention violates the Fourth, Fifth, and Sixth Amendments to the United States Constitution, on the basis that it is unlawful, inter alia, to detain "an American citizen without giving notice of the basis of his detention" (id.  33) and "without a finding of probable cause" (id. 35).  Second, the amended petition claims (id. 36-37) that, "[t]o the extent the Presidential Order on which Mr. Padilla is held as an 'enemy combatant' disallows any challenge to the legality of [his] detention by way of habeas corpus, the Order and its enforcement constitutes an unlawful Suspension of the Writ, in violation of Article I of the United States Constitution."  Finally, the amended petition asserts (id. at  38-40) that, because the "Courts of the United States are open[] and no state of martial law exists," Padilla's detention by the military violates the Posse Comitatus Act, 18 U.S.C. 1385.  The amended petition seeks, among other relief, an order permitting Padilla to meet with counsel, an order barring any direct or indirect interrogation of Padilla during his detention, and an order releasing Padilla from his custody as an enemy combatant.  Amend. Pet. at 9.