Whether courts have jurisdiction to consider habeas claims when the remedy under Section 2255 is inadequate

QUESTION PRESENTED The “savings clause” in Section 2255(e) of Title 28 permits a court to entertain a habeas corpus petition when the remedy under that section is inadequate to test the legality of detention. Petitioner challenged his detention based on a change in the law rendering him ineligible for prosecution under the Armed Career Criminal Act, but which could not have been brought under Section 2255. The question presented is whether courts have jurisdiction to consider habeas claims in this circumstance, when the remedy under Section 2225 is inadequate, as several circuits have held (the Fourth, Sixth, Seventh, and Ninth) or, as others have ruled, is jurisdiction foreclosed (the Third, Fifth, Tenth, and Eleventh). 1