No. 22-1153

Hector Mendez v. United States

Lower Court: Fifth Circuit
Docketed: 2023-05-30
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review constitutional-rights district-court due-process federal-prisoner habeas-corpus procedural-grounds right-to-hearing statutory-rights
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Does a district court deny a federal prisoner the constitutional or statutory right to be heard by misreading or ignoring the case files and records and denying relief without a hearing?

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW The Fifth Amendment of the United States Constitution establishes that the federal government cannot deny a person life, liberty, or property “without due process of law.” Additionally, 28 U.S.C. § 2255 guarantees a federal prisoner who files a motion for relief “shall” receive a “hearing” “[u]nless the motion and files and records of the case conclusively show the prisoner is entitled to no relief.” a) Does a district court deny a federal prisoner the constitutional or statutory “right to be heard” by completely misreading or ignoring the “files and records” of the case and thereafter erroneously denying relief on procedural grounds without a hearing? b) Does a United States Court of Appeals deny a federal prisoner the constitutional or statutory right to be heard when it dismisses a Motion for Certificate Appealability on the purported ground that the prisoner failed to “meaningfully challenge” the district court’s decision to dismiss on procedural grounds without a hearing, when the prisoner clearly did meaningfully challenge the district court’s decision, both in the district court and in the appellate court? ii PARTIES TO PROCEEDING BELOW AND

Docket Entries

2023-10-02
Petition DENIED.
2023-06-14
DISTRIBUTED for Conference of 9/26/2023.
2023-06-05
Waiver of right of respondent United States to respond filed.
2023-05-25

Attorneys

Hector Mendez
Barbara Allison ClaytonThe Law Office of B. Allison Clayton, Petitioner
Barbara Allison ClaytonThe Law Office of B. Allison Clayton, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent