Martin Akerman v. United States
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?
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?