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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

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 6, 2025 · Certiorari denied

Proceedings

Oct 06 2025
Petition DENIED.
Aug 28 2025
DISTRIBUTED for Conference of 9/29/2025.
Aug 21 2025
Waiver of right of respondent Lepe, Warden to respond filed.
Main Document
May 06 2025
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 11, 2025)
Motion for Leave to Proceed in Forma Pauperis Petition Appendix