Supreme Court of the United States · Official docket →
Byron Neal v. Warden, FCI Terminal Island
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 24-5317 · judgment March 31, 2025
Question presented
I. Whether the United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) erred in construing Neal’s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 (“§ 2241 Petition”) as a Second or Successive Motion under 28 U.S.C. § 2255, despite its proper invocation ofthe § 2255(e) savings clause. Whether the denial of a certificate of appealability (COA) was improper where Neal was not required to obtain a COA for a § 2241 Petition, and where the petition raised a substantial constitutional question regarding the legality of detention.
Counsel of record
For petitioner
Byron Neal
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 20, 2025 · Certiorari denied
Proceedings
- Oct 20 2025Petition DENIED.
- Oct 02 2025DISTRIBUTED for Conference of 10/17/2025.
- Sep 30 2025Waiver of right of respondent Warden, FCI Terminal Island to respond filed.
- Jun 27 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2025)