to be free from involuntary confinement by his own government without due process of law.") However, the Fourth Circuit's holding in Padilla II, 423 F.3d at 386, was decided in 2005, does not bear on the issue as it was decided post-conduct as well. See Blueford, 108 F.3d at 255 (holding that the issue whether an aspect of law was clearly established must be determined as of the time of the alleged conduct at issue). Further, as discussed, the Court finds the Fourth Circuit opinion lacks estoppel force. Lastly, the Court notes that the government, in an apparent effort to avoid consideration of the Fourth Circuit's decision in light of Hamdi, 542 U.S at 507, 124 S.Ct. 2633, suddenly removed Padilla from military custody and criminally indicted himRecently, contractors hauled away the final piece of a concrete dock weighing more than 165 tons that washed up on an Oregon beach after a 14-month journey across the Pacific Ocean. The dock was one of four that broke loose from the Japanese fishing port of Misawa during last year’s tsunami. One dock was found in Japan, a second turned up in Oregon in early June, and two are still missing.

The largest tsunami-borne object to travel across the Pacific and wash up on the West Coast so far, the dock generated immediate interest from the public. More than 1,000 people a day visited the site to pose for photos and be part of history. An enterprising artist even painted a breaking wave along one of the dock’s massive