No. 22-5293

Rafael Humberto Celaya Valenzuela v. United States

Lower Court: First Circuit
Docketed: 2022-08-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review certificate-of-appealability circuit-split due-process habeas-corpus ineffective-assistance-of-counsel section-2255-motion supervisory-powers
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Did the Court of Appeals for the first Circuit err when it denied request for certificate of appealability where petitioner sought review of the District Courts failure to resolve all claims (I.A.C.) raised in his §2255 motion as ruled (en banc) in the 11th. Circuit's CLISBY V. JONES (a requirement Gf district courts to resolve all claims raised in a § 2255) ? If so, should this H. Court exercise its supervisory powers to bring uniformity to circuit courts, regardless of whether those claims are granted or denied.

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1.Did the Court of Appeals for the first Circuit err when it denied request for certificate of where petitioner sought review of the District Courts failure to resolve all claims (I.A.C.) raised in his §2255 motion as ruled (en banc) in the 11th. Circuit's CLISBY V. JONES (a requirement Gf district courts to resolve all claims raised in a § 2255) ? If so, should this H. Court exercise its supervisory powers to bring uniformity to circuit courts, regardless of whether those claims are granted or denied.? 2.Has the Supreme Court of the United States overturned its own precedent in BUCK V. DAVIS , 137 S.Ct. 759 (2017)(Holding that appellate courts limit its . examination at the Certificate of appealability (C.0.A.) stage to a threshold , inquiry into the underlying merit of the claims, and ask-only if the district courts decision was debatable).? If so, did the court of appeals for the first , circuit err by exceeding the limited scope of a C.0.A. analysis, when it denied petitioner's request for C.0.A.? , I

Docket Entries

2022-10-03
Petition DENIED.
2022-08-25
DISTRIBUTED for Conference of 9/28/2022.
2022-08-08
Waiver of right of respondent United States to respond filed.
2022-07-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 6, 2022)

Attorneys

Rafael Humberto Celaya Valenzuela
Rafael Celaya Valenzuela — Petitioner
Rafael Celaya Valenzuela — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent