WalterM140 wrote:

Except that Padilla is still incarcerated.


But he is not incarcerated without access to due process.

How is that true?

An illegal combatant must be provided the opportunity
to present evidence showing why he should be entitled
to Prisoner of War status (instead of "illegal combatant").
Padilla either has none to present, or his defense was
determined to be insufficient proof by a military
tribunal.

It seems the court took the stance that he can have
access to legal representation in this matter. (A gray
area under the GC, which doesn't address legal help
requirements for illegal combatants.)