Supreme Court of the United States · Official docket →
Gabriel Omar Gigena v. Howard C. Nielson Jr., et al.
IFP petition · United States Court of Appeals for the Tenth Circuit, No. 25-4071 · judgment March 27, 2026
Question presented
The questions presented are: Whether a timely appeal from the denial of mandamus-type relief becomes moot solely because the related criminal case has proceeded to judgment, where petitioner remains subject to supervised release and collateral consequences, and vacatur, remand, or direction to consider his timely pretrial submissions in their original pretrial posture would provide effective relief for record preservation, equitable tolling, and appellate review? Whether 28 U.S.C. §1361 authorizes relief in the nature of mandamus against federal judicial officers or clerks when the duty asserted is nondiscretionary and concerns accepting, processing, or ruling upon filings required by federal law and the Federal Rules? Whether, if §1361 is unavailable or if the mandamus appeal became moot after district-court judgment, the All Writs Act, 28 U.S.C. §1651, Federal Rule of Appellate Procedure 21, and the equitable rule of United States v. Munsingwear, Inc. require writ relief, vacatur, or remand necessary or appropriate to preserve appellate jurisdiction and prevent unreviewed lower-court rulings from producing continuing consequences? 2 of 40
Counsel of record
For petitioner
Gabriel Omar Gigena
For respondent
D. John Sauer
Solicitor General
Case
Conference history
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Proceedings
- Jun 25 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 18, 2026)