No. 22-5515

Jose Agapito Salas v. United States

Lower Court: Fifth Circuit
Docketed: 2022-09-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 certificate-of-appealability district-court due-process federal-prisoner findings-of-fact habeas-corpus statutory-interpretation
Latest Conference: 2022-10-07
Question Presented (from Petition)

At The Federal Level After The District Court Receives An Ordered Response From The Government To A Federal Prisoner's Petition For Habeas Corpus Relief, Title 28 U.S.C. §2255, Subsection (b) Requires The District Court To "Determine the issues and make findings of fact and conclusions of law with respect thereto."

Did The District Court Adhere To This Congressional Mandate In Petitioner's Case, When The Court Denied And Dismissed Petitioner's First-Time Habeas Motion, Without Making The Court's Own Findings Of Fact And Conclusions Of Law With Respect To Petitioner's Habeas Claims, For The Reasons Stated In [the] Respondent's "thorough and well-drafted response"?

Did The District Court's Procedural Resolution Of Petitioner's Habeas Motion In This Manner Violate Petitioner's Fundamental Right To Due Process Of Law, By Undermining Petitioner's Ability To Satisfy The Certificate Of Appealability Criteria As Announced By This Court In Order To Effect An Appeal Of The District Court's Judgment?

Question Presented (AI Summary)

Whether the district court violated the congressional mandate under 28 U.S.C. §2255(b) by denying a federal prisoner's first-time habeas motion without making its own findings of fact and conclusions of law

Docket Entries

2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-09-13
Waiver of right of respondent United States to respond filed.
2022-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 7, 2022)

Attorneys

Jose Agapito Salas
Jose Agapito Salas — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent