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Charles Kafeiti v. United States

IFP petition · United States Court of Appeals for the Second Circuit, No. 25-1071 · judgment August 28, 2025


Certiorari denied · February 23, 2026

Questions presented

  1. Whether a district court’s 13-month, unexplained silence on liberty-related motions—followed by unsigned docket-entry denials that never addressed a single substantive claim—constitutes court-induced prejudice and an “extraordinary circumstance” warranting equitable tolling of § 2255(f) under Holland v. Florida, 560 U.S. 631 (2010).

  2. Whether the Second Circuit’s refusal to issue a COA—despite the total absence of any reasoned ruling on timeliness or the merits—violates the “reasonable jurist could debate” standard of Slack v. McDaniel, 529 U.S. 473, 478 (2000).

  3. Whether issuing the mandate on the very day Petitioner received the order, thereby denying him the full 14-day period guaranteed by FRAP 35 and 40, violated due process.

  4. Whether federal courts’ systemic failure to abide by procedural rules in pro se habeas cases— such as unexplained delays, unsigned denials, and premature mandates—violates the Constitution’s due process guarantees and the Suspension Clause, affecting tens of thousands of litigants nationwide.

Counsel of record

For petitioner
Charles Kafeiti

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 15 2026
    Rehearing DENIED.
  2. May 26 2026
    DISTRIBUTED for Conference of 6/11/2026.
  3. Mar 16 2026
    Petition for Rehearing filed.
  4. Feb 23 2026
    Petition DENIED.
  5. Jan 22 2026
    DISTRIBUTED for Conference of 2/20/2026.
  6. Jan 16 2026
    Waiver of right of respondent United States to respond filed.
  7. Dec 11 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2026)