No. 19-5241

Zack Zafer Dyab v. Nicole English, Warden

Lower Court: Tenth Circuit
Docketed: 2019-07-18
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 2241-petition 2255-motion 28-usc-2241 28-usc-2255 abuse-of-discretion circuit-court-discretion circuit-split detention-challenge foreclosure habeas-corpus judicial-review saving-clause section-2241 section-2255 united-states-v-wheeler
Key Terms:
HabeasCorpus Securities
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (AI Summary)

Does the Petitioner have to test the legality of his detention in the initial 2255 motion, even though the argument would have been rejected on the merits because such a claim was foreclosed by the District and Circuit Court, to be able to invoke Sec. 2255(e), saving clause to test his detention under Sec. 2241?

Question Presented (OCR Extract)

QUESTION PRESENTED Does the Petitioner have to test the legality of his detention in the initial 2255 motion, even though the argument would have been rejected on the merits because such a claim was foreclosed by the District and Circuit Court, to be able to invoke Sec. 2255(e), saving clause to test his detention under Sec. 2241? Did the Tenth Circuit Court of Appeals abuse its discretion by denying the petition under Sec. 2241, when its decision is in conflict with the recent Supreme Court Case in United States v. Wheeler, 2019 U.S. Lexis 1990, No. 18-420, March 18, 2019? i

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-11-04
Reply of petitioner Zack Zafer Dyab filed.
2019-10-28
Brief of respondent English, Warden, Nicole in opposition filed.
2019-09-18
Motion to extend the time to file a response is granted and the time is extended to and including October 28, 2019.
2019-09-17
Motion to extend the time to file a response from September 26, 2019 to October 28, 2019, submitted to The Clerk.
2019-08-27
Response Requested. (Due September 26, 2019)
2019-08-22
DISTRIBUTED for Conference of 10/1/2019.
2019-08-19
Waiver of right of respondent Nicole English, Warden to respond filed.
2019-06-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2019)

Attorneys

English, Warden, Nicole
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Zack Zafer Dyab
Zack Zafer Dyab — Petitioner
Zack Zafer Dyab — Petitioner