Supreme Court of the United States · Official docket →
Hisan Lee v. United States
IFP petition · United States Court of Appeals for the Second Circuit, No. 22-1117, 24-2338 · judgment March 20, 2025
Questions presented
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Due Process and False Evidence: Whether due process is violated when a federal court relies ona demonstrably false affidavit from defense counsel, and then uses that false affidavit to summarily reject multiple constitutional claims without granting an evidentiary hearing.
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Judicial Mischaracterization and Denial of Process: Whether a district court abuses its discretion and violates due-process by mischaracterizing substantial constitutional claims, adopting government arguments unsupported by the record, ©rddenying discovery and an evidentiary hearing despite the existence of material factual disputes.
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Appellate Review and Certificate of Appealability: Whether the court of appeals' denial of a Certificate of Appealability without addressing the district court's due process errors conflicts with Slack v. McDaniel, 529 U.S. 473 (2000), and improperly insulates serious constitutional violations from further judicial review.
Counsel of record
For petitioner
Hisan Lee
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jan 12 2026Petition DENIED.
- Dec 11 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 09 2025Waiver of right of respondent United States to respond filed.
- Nov 06 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2026)
- Sep 08 2025Application (25A267) granted by Justice Sotomayor extending the time to file until November 10, 2025.
- Aug 26 2025Application (25A267) to extend the time to file a petition for a writ of certiorari from September 11, 2025 to November 10, 2025, submitted to Justice Sotomayor.