No. 18-7681

In Re Erasmo Aguinaga

Lower Court: N/A
Docketed: 2019-01-30
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2241 actual-innocence circuit-split due-process eleventh-circuit equal-protection federal-prisoner habeas-corpus habeas-corpus-writ manifest-miscarriage-of-justice procedural-framework saving-clause
Latest Conference: 2019-02-22
Question Presented (from Petition)

Has the Eleventh Circuit of the United States Court of Appeals effectively suspended the Writ of Habeas Corpus, without authorization, where the Court has overruled its entire line of Saving Clause precedents to narrow the circumstances under which a federal prisoner can proceed under 28 U.S.C. §2241?

Does the difference between the Fourth and Eleventh Circuit decisions, concerning the Saving Clause interpretations, call for the exercise of this Court's Supervisory power, to the end that it may secure the equal protection under law?

Has the Eleventh Circuit established a procedural framework, by reason of its design and operation, that made it highly unlikely in a typical case that a prisoner, with an actual innocence claim, would have a meaningful opportunity to challenge his conviction as a manifest miscarriage of justice?

Question Presented (AI Summary)

Has the Eleventh Circuit of the United States Court of Appeals effectively suspended the Writ of Habeas Corpus, without authorization

Docket Entries

2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2018-12-26
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Erasmo Aguinaga
Erasmo Aguinaga — Petitioner