Zack Zafer Dyab v. Nicole English, Warden
HabeasCorpus Securities
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 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