No. 23-6186

Guillermo Borboa, aka Omar Gabriel Borboa v. United States

Lower Court: Eighth Circuit
Docketed: 2023-12-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 abuse-of-power appellate-review civil-procedure civil-rights due-process fifth-amendment judicial-discretion standing subject-matter-jurisdiction
Latest Conference: 2024-01-05
Question Presented (from Petition)

Was the District Court and the Eighth Circuit Court of Appeals in error in dismissing a MOTION FOR IMMEDIATE RELEASE DUE TO COURTS LACK OF SUBJECT-MATTER JURISDICTION when the courts reasoning became an abuse of power simply by construting said Motion as a 28 USC §2255 MOTION ?

How can an Appeals Court sanction a district courts classification of a Titled Filing into being construed as a 28 USC §2255 Motion and thereby circumventing the purpose of said Motion that is challenging the very authority and power of said court to hear said case to begin with.

Under what circumstances may a Federal Court of Appeals confirm the District Courts felony conviction and incarceration of a man whose conviction was not in conformity or compliance in requirement to Fifth Amendment standards, for a legal indictment against the triee?

Question Presented (AI Summary)

Was the District Court and the Eighth Circuit Court of Appeals in error in dismissing a MOTION FOR IMMEDIATE RELEASE DUE TO COURTS LACK OF SUBJECT-MATTER JURISDICTION when the courts reasoning became an abuse of power simply by construing said Motion as a 28 USC §2255 MOTION?

Docket Entries

2024-01-08
Petition DENIED.
2023-12-14
DISTRIBUTED for Conference of 1/5/2024.
2023-12-11
Waiver of right of respondent United States to respond filed.
2023-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 5, 2024)
2023-10-30
Application (23A389) granted by Justice Kavanaugh extending the time to file until December 9, 2023.
2023-09-12
Application (23A389) to extend the time to file a petition for a writ of certiorari from October 10, 2023 to December 9, 2023, submitted to Justice Kavanaugh.

Attorneys

Guillermo Borboa
Guillermo Borboa — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent