No. 25-5674

Byron Neal v. Warden, FCI Terminal Island

Lower Court: Ninth Circuit
Docketed: 2025-09-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-question detention-legality habeas-corpus savings-clause second-successive-motion
Latest Conference: 2025-10-17
Question Presented (from Petition)

Whether the United States Court of Appeals for the Ninth Circuit ("Ninth Circuit") erred in construing Neal's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 ("§ 2241 Petition") as a Second or Successive Motion under 28 U.S.C. § 2255, despite its proper invocation of the § 2255(e) savings clause.

Whether the denial of a certificate of appealability (COA) was improper where Neal was not required to obtain a COA for a § 2241 Petition, and where the petition raised a substantial constitutional question regarding the legality of detention.

Question Presented (AI Summary)

Whether the Ninth Circuit erred in construing a habeas petition under 28 U.S.C. § 2241 as a second or successive motion under 28 U.S.C. § 2255 despite invoking the savings clause

Docket Entries

2025-10-20
Petition DENIED.
2025-10-02
DISTRIBUTED for Conference of 10/17/2025.
2025-09-30
Waiver of right of respondent Warden, FCI Terminal Island to respond filed.
2025-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2025)

Attorneys

Byron Neal
Byron Neal — Petitioner
Warden, FCI Terminal Island
D. John SauerSolicitor General, Respondent