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Francisco Melgar Cabrera v. Christian Lepe, Warden

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 24-4757 · judgment March 31, 2025


Certiorari denied · October 6, 2025

Question presented

WHETHER: EXTRADITION TREATY VIOLATIONS ARE COGNIZABLE UNDER 28 USC §2241(c)(3) RATHER THAN UNDER §2255(a); A PERSON HELD IN CUSTODY IN VIOLATION OF A TREATY MAY CHALLENGE, AT ANY TIME, THE LEGALITY OF HIS DETENTION. REGARDLESS OF AEDPA RESTRICTIONS?

Counsel of record

For petitioner
Francisco Melgar Cabrera

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 28 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Aug 21 2025
    Waiver of right of respondent Lepe, Warden to respond filed.
  4. May 06 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 11, 2025)