DK you are completely over simplying what has happened with Padilla. Here is a link, it's a Writ of Certiorari, it was filed for a stay against Padilla once the second circuit ruled that Shrub was without authority to detain, it explains shit better then I can; sadly I cannot directly quote it because it is in pdf, I got it off Findlaw though.
http://news.findlaw.com/hdocs/docs/p...11604usmot.pdf