No. 18-7681

In Re Erasmo Aguinaga

Lower Court: N/A
Docketed: 2019-01-30
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2241 actual-innocence circuit-split due-process eleventh-circuit equal-protection federal-prisoner habeas-corpus habeas-corpus-writ manifest-miscarriage-of-justice procedural-framework saving-clause
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-02-22
Question Presented (AI Summary)

Has the Eleventh Circuit of the United States Court of Appeals effectively suspended the Writ of Habeas Corpus, without authorization

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW . QUESTION ONE: Has the Eleventh Circuit of the United States Court : of Appeals effectively suspended the Writ of Habeas Corpus, without authorization, where the Court has overruled its éntire line of Saving Clause precedents to narrow the circumstances under which a federal prisoner can proceed under 28 U.S.C. §2241? QUESTION TWO: Does the difference between the Fourth and Eleventh ; Circuit. decisions, concerning the Saving Clause interpretations, call for the exercise of this Court's Supervisory power, to the end that it may secure the equal. protection under law? . QUESTION THREE: Has the Eleventh Circuit established a procedural framework, by reason of its design and operation, that made it highly unlikely in a typical case that a prisoner, with an actual innocence claim, would have a meaningful opportunity to challengehis conviction as a manifest miscarriage of justice? -ii

Docket Entries

2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2018-12-26
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Erasmo Aguinaga
Erasmo Aguinaga — Petitioner