No. 23-6709

Martin Akerman v. United States

Lower Court: District of Columbia
Docketed: 2024-02-09
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: actual-innocence detention-challenge due-process escape-hatch-provision federal-detention habeas-corpus posse-comitatus standing statutory-interpretation
Latest Conference: 2024-03-15
Question Presented (from Petition)

1. Does the Chief Data Officer of the National Guard, appointed under 44 U.S.C. § 3520, with standing under 28 U.S.C. § 2241(c)(1) and (c)(2), and detained by one or more federalized military officers of state national guard units without lawful authority to detain, have the right to challenge the legality of his detention and seek relief through a 28 U.S.C. § 2255 motion, especially in light of the due process violations outlined in 5 U.S.C. § 7513(b)(1) and the constitutional concerns raised by the Posse Comitatus Act?

2. Alternatively, do the obstructions face in timely and exhaustive habeas proceedings, entitle the petitioner to the certification required to challenge his detention, under color of the United States, having been placed in custody for an act done in pursuance of his congressionally delegated duties under 44 U.S.C. § 3520(e), under the escape hatch provision of § 2255?

Question Presented (AI Summary)

Does the Chief Data Officer of the National Guard have the right to challenge the legality of his detention and seek relief through a 28 U.S.C. § 2255 motion?

Docket Entries

2024-03-18
Petition DENIED.
2024-02-21
DISTRIBUTED for Conference of 3/15/2024.
2024-02-21
Supplemental brief of petitioner Martin Akerman filed. (Distributed)
2024-02-15
Waiver of right of respondent United States to respond filed.
2024-02-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2024)
2024-02-06
Motion to defer consideration of the petition for a writ of certiorari filed by petitioner Martin Akerman.

Attorneys

Martin Akerman
Martin Akerman — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent