Wilfredo Feliciano-Rodriguez v. United States

Is the Appellate Court able to violate 28 U.S.C. §2244(b)(3)(D) arguing that this statute is not mandatory but a simple guideline? It is incontrovertible that 28 U.S.C. §2244(b)(3)(D) 30 days time limit is mandatory when it provides: "Shall grant or deny" ... "not later" than 30 days. What are the legal consequences of violating 28 U.S'.G. §2244(b)(3)(D) exceeding the maximum 30 days limit? ■. How does a misinterpretation of 28 U.S.C. §2244(b)(3)(D) affect petitioners seeking to file second or successive 28 U.S.C. §2255 motions? This Court has jurisdiction under 28 U.S.C. §1254(1) to review, a petition for a writ of certoriari, the Court of Appeals has not decided on the applica­ tion for authorizing to file a second or successive motion under §2255. In light of a statute providing that "[t]he grant or denial authorization by a court of appeals to file a second or successive application shall 'grant or deny'" ... "not later than 30-days."