Supreme Court Report

Supreme Court of the United States · Official docket →

Jonathan Mota v. United States

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 24-4236 · judgment March 7, 2025


Certiorari denied · October 6, 2025

Questions presented

  1. Does the Ninth Circuit’s rule that issues raised and rejected on direct appeal are not reviewable in a 28 U.S.C. § 2255 petition conflict with the general rule announced by this Court that claims not raised on direct appeal may not be raised on collateral review?

  2. Was the Ninth Circuit correct to deny a certificate of appealability to review the district court’s conclusion that a Fifth Amendment constructive amendment claim raised by Mr. Mota on direct appeal was the same as the Sixth Amendment categorical analysis challenge raised by Mr. Mota post-conviction?

Counsel of record

For petitioner
Hanni M. Fakhoury
Moeel Lah Fakhoury LLP

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jun 18 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jun 13 2025
    Waiver of right of respondent United States of America to respond filed.
  4. Jun 04 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2025)