May a federal prisoner file a petition for habeas corpus under 28 U.S.C. § 2241 to raise arguments foreclosed by erroneous circuit precedent

QUESTION PRESENTED Federal criminal defendants are entitled to challenge the validity of their conviction and sentence by means of a direct : appeal and a motion for post-conviction relief under 28 U.S.C. § 2255. Those efforts sometimes fail because erroneous circuit . precedent interpreting a federal statute forecloses the defendant's legitimate claim for relief. This gives rise to an obvious injustice when a later decision by this Court or the circuit overturns the erroneous precedent. In those — circumstances, the prisoner cannot again seek relief under Section 2255, which generally bars second or successive applications. : As the government has recognized, a deep circuit split : has arisen over whether such a prisoner may file a petition for : a writ of habeas corpus under 28 U.S.C. § 2241. Nine courts of . appeals hold that such petitions are authorized by Section 2255(e), which allows a prisoner to pursue such habeas relief : if the remedy provided by Section 2255 is "inadequate or : effective to test the legality of his detention." Two other : : , courts of appeals, including the Tenth Circuit below, hold that -the prisoner may NOT use Section 2241, and thus that he has no way to challenge his unlawful detention. THE QUESTION PRESENTED HERE IS: ; May a federal prisoner file a petition for habeas corpus : under 28 U.S.C. § 2241 in order to raise arugments that : | were foreclosed by binding (but erroneous) circuit. ‘ precedent at the time of his direct appeal and original application for post-conviction relief under 28 U.S.C. § 2255, but which are meritorious in light of a subsequent decision overturning that erroneous precedent? (i) ‘ A . Cans : “ '