No. 25-5332
Francisco Melgar Cabrera v. Christian Lepe, Warden
Response WaivedIFP
Tags: administrative-procedure-act detention-review extradition-treaty federal-jurisdiction habeas-corpus statutory-interpretation
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2025-09-29
Question Presented (from Petition)
WHETHER: EXTRADITION TREATY VIOLATIONS
ARE COGNIZABLE UNDER 28 USC §2241(c)(3)
RATHER THAN UNDER §2255(a); A PERSON HELD
IN CUSTODY IN VIOLATION OF A TREATY MAY
CHALLENGE, AT ANY TIME, THE LEGALITY OF
HIS DETENTION. REGARDLESS OF AEDPA RESTRICTIONS?
Question Presented (AI Summary)
Whether extradition treaty violations are cognizable under 28 USC §2241(c)(3) and may be challenged at any time regardless of AEDPA restrictions
Docket Entries
2025-10-06
Petition DENIED.
2025-08-28
DISTRIBUTED for Conference of 9/29/2025.
2025-08-21
Waiver of Lepe, Warden of right to respond submitted.
2025-08-21
Waiver of right of respondent Lepe, Warden to respond filed.
2025-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 11, 2025)
Attorneys
Francisco Melgar Cabrera
Francisco Melgar Cabrera — Petitioner
Lepe, Warden
D. John Sauer — Solicitor General, Respondent