eight months. Padilla alleges that he was imprisoned without charge, without the ability to defend himself, and without the ability to challenge the conditions of his confinement. Padilla also alleges that he has suffered gross physical and psychological abuse upon the orders of high-ranking government officials as part of a systematic program of abusive interrogation which mirror the abuses committed at Guantanamo Bay.
For the purposes of the pending motion to dismiss, the Court accepts as true the following allegations made in the First Amended Complaint. On or about May 8, 2002, Padilla was arrested at the Chicago O'Hare International Airport pursuant to a *1013 material witness warrant issued by the United States District Court for the Southern District of New York. (First Amended Complaint ("FAC") at ถ 35.)Padilla was transported to New York where he was held in custody in a federal detention facility. (Id.) On June 9, 2002, while a motion was pending to vacate the material witness warrant, President George W. Bush ("President Bush") issued an order that declared Padilla an "enemy combatant" and directed Secretary of Defense Donald Rumsfeld ("Rumsfeld") to take him into protective custody. The President found that Padilla was closely associated with al Qaeda, was engaged in conduct that constituted hostile and war-like acts, and represented a "continuing, present and grave danger to the national security of the United States, and [therefore] that detention of Mr. Padilla is necessary to prevent him from aiding al Qaeda in its efforts to attack the United States or its armed forces, other