Supreme Court of the United States · Official docket →
Matthew Lee Sepulveda v. United States
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 25-40116 · judgment September 10, 2025
Certiorari denied · February 23, 2026
Pre-decision estimate: 2% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Fifth Circuit has indicated it is jurisdictional that a person must present their issues under § 2255 to the district court and receive a certificate of appealability from the district court before proceeding on appeal. The question presented is: Does the Supreme Court’s ruling that 28 U.S.C. § 2253(c)(3) is non-jurisdictional in nature overrule the Fifth Circuit’s jurisprudence?
Counsel of record
For petitioner
Jeremy Brian Gordon
Guest And Gray
For respondent
D. John Sauer
Solicitor General
Proceedings
- Feb 23 2026Petition DENIED.
- Jan 21 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 16 2026Waiver of right of respondent United States to respond filed.
- Dec 17 2025Petition for a writ of certiorari filed. (Response due February 9, 2026)
- Dec 11 2025Application (25A681) granted by Justice Alito extending the time to file until December 18, 2025.
- Dec 09 2025Application (25A681) to extend the time to file a petition for a writ of certiorari from December 9, 2025 to January 8, 2026, submitted to Justice Alito.