The question presented is whether a circuit court errs in finding that a transfer order is not appealable, dismisses a petitioner's appeal of the district court's decision that the petitioner's filing was not a legitimate second-in-time § 2255 motion based on new facts, and fold the issue of the appropriateness of the transfer order into the § 2244 application proceeding. The circuit court may wait beyond the 90 days to petition this Court for review of the dismissal of the appeal of the transfer order, deny the § 2244 application and affirm the district court's transfer. If 28 U.S.C. § 2244(b)(3)(E) applies, the Court is precluded from hearing Petitioner's appeal of the district court's transfer order. Petitioner notes that the Court has accepted review of a similar question whether "28 U.S.C. § 2244(b)(3)(E) deprives this Court of certiorari jurisdiction over the grant or denial of an authorization by a court of appeals to file a second or successive motion to vacate under 28 U.S.C. § 2255." Bowe v. United States, No. 24-5438.

Whether 28 U.S.C. § 2244(b)(3)(E) precludes the Supreme Court from reviewing a circuit court's dismissal of an appeal regarding a transfer order in a second-in-time § 2255 motion