what Padilla's classification should be is Pirate, England and America has declared war in the past against privateers, bucaneers and Pirates such as Barbary, Carribean and Malaysian groups of NGO's. They were treated differently from criminals or foreign governments. I think the term enemy combatant should be delineated in law so one could determine that a detainee is or is not by definition as opposed to suspicion.
thanx,
bill