No. 25-5677

Juan De Dios Alvarez-Romero v. United States

Lower Court: Fifth Circuit
Docketed: 2025-09-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: §-2255 direct-appeal evidentiary-hearing indigent-defendant ineffective-assistance pro-se-motion
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-10-17
Question Presented (from Petition)

Whether, if an indigent and incarcerated defendant with minimal education and no ability to comprehend English, for the first time on direct appeal with the assistance of appointed counsel, raises a colorable claim of ineffective assistance by his former counsel, should the U.S. Court of Appeals remand the case to the district court to conduct an evidentiary hearing on the claim (where the defendant would be represented by appointed counsel) rather than require the defendant to assert his claim in a future pro se motion under 28 U.S.C. § 2255.

Question Presented (AI Summary)

Whether an indigent and incarcerated defendant with minimal education and no English comprehension, raising a colorable ineffective assistance of counsel claim on direct appeal, should be granted an evidentiary hearing rather than be required to file a future pro se § 2255 motion

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 United States to respond filed.
2025-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2025)

Attorneys

Juan Alvarez-Romero
Brent Evan NewtonAttorney at Law, Petitioner
United States
D. John SauerSolicitor General, Respondent