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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
Conference history
Distributed for 1 conference
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)