Whether federal inmates who did not receive a meaningful opportunity to be heard on a substantial actual-innocence claim can show that the remedy by § 2255 motion was inadequate or ineffective to test the legality of their detention and thus proceed to a habeas corpus petition pursuant to 28 U.S.C. § 2241

QUESTION PRESENTED Under 28 U.S.C. § 2255, federal prisoners can collaterally challenge their convictions on any ground cognizable on collateral review. 28 U.S.C. § 2255(h) limits the types of claims that permit prisoners to make successive attacks so that prisoners can only bring claims that indicate factual innocence or that rely on constitutional-law decisions made retroactive by this Court. 28 U.S.C. § 2255(e), however, also allows inmates to collaterally challenge their convictions outside this process through a traditional habeas action under 28 U.S.C. § 2241 whenever it “appears that the remedy by [§ 2255] motion is inadequate or ineffective to test the legality of [their] detention.” The question presented is: Whether federal inmates who did not receive a meaningful opportunity to be heard on a substantial actual-innocence claim—because established circuit precedent stood firmly against them previously and they were not appointed counsel at their first opportunity to present the claim in a § 2255 motion— can show that the remedy by § 2255 motion was inadequate or ineffective to test the legality of their detention and thus proceed to a habeas corpus petition pursuant to 28 U.S.C. § 2241. ii LIST OF PROCEEDINGS DIRECT HABEAS CORPUS PROCEEDINGS BELOW 1. Hammoud v. Maat, No. 1:18-cv-00751 (W.D. Tex. Sept. 3, 2019) 2. Hammoud v. Maat, No. 19-50914 (5th Cir. Aug. 31, 2022) PRIOR CASE HISTORY 3. USAv. Hammoud, et al, No. 3:00-mj-00160 (W.D.N.C. July 20, 2000) 4. Inre: USAv. Hammoud, et al, No. 3:00-mj-00162 (W.D.N.C. July 20, 2000) 5. Hammoud v. USA, No. 3:14-cv-00076 (W.D.N.C. Feb. 18, 2014) 6. USAv. Hammoud, et al, No. 3:00-cr-00147 (W.D.N.C. July 31, 2020) 7. USAv. Hammoud, No. 2003-cr-04253 (4th Cir. Apr. 27, 2005) 8. USAv. Hammoud, et al, No. 2006-cv-us-01674 (4th Cir. June 15, 2006) 9. USAv. Hammoud, No. 2011-cr-04164 (4th Cir. Feb. 10, 2011) 10. USA v. Hammoud, No. 2011-cr-04346 (4th Cir. Apr. 1, 2011) 11. USA v. Hammoud, No. 0:2016225506095 (4th Cir. Jan. 27, 2016)