HabeasCorpus JusticiabilityDoctri
To satisfy the gatekeeping requirements of 28 U.S.C. §§ 2244(b)(3)(C) and 2255(h)(2), must federal prisoners make a prima facie showing that their 28 U.S.C. § 2255 motion contains a new rule of law specified in § 2255(h)(2), or must they also make a prima facie showing that their § 2255 motion will succeed on the merits?
QUESTION PRESENTED Before federal prisoners may file a second or successive 28 U.S.C. § 2255 motion to vacate their conviction or sentence, the court of appeals must first find that they have made “a prima facie showing that the [motion] satisfies the requirements” in 28 U.S.C. § 2255(h). 28 U.S.C. § 2244(b)(3)(C). One those so-called “gatekeeping” requirements provides that the second or successive § 2255 motion must “contain ... a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” 28 U.S.C. § 2255(h)(2). The question presented is: To satisfy the gatekeeping requirements of 28 U.S.C. §§ 2244(b)(3)(C) and 2255(h)(2), must federal prisoners make a prima facie showing that their 28 U.S.C. § 2255 motion contains a new rule of law specified in § 2255(h)(2), or must they also make a prima facie showing that their § 2255 motion will succeed on the merits?" * Along with this petition for a writ of habeas corpus, Petitioner has simultaneously filed a petition for a writ of mandamus. The petitions are substantively identical. i