No. 23A593

Martin Akerman v. United States

Lower Court: Armed Forces
Docketed: 2023-12-28
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: due-process federal-service habeas-corpus military-suspension national-guard statutory-protection
Key Terms:
HabeasCorpus
Latest Conference: N/A
Question Presented (AI Summary)

Whether a federal civilian employee suspended under military authority can challenge their detention and seek habeas corpus relief after mandatory exhaustion of military court remedies

Question Presented (OCR Extract)

No question identified. : BLUF (BOTTOM LINE UP FRONT) Martin Akerman, a pro se applicant with PTSD and detained since February 14, 2022, under 5 U.S. Code § 6329b, seeks an ll-day extension to March 29, 2024, for his petition for writ of certiorari. This request aims to synchronize deadlines across various circuits and thoroughly address his unlawful detention and suspension under both 5 U.S. Code § 6329b and § 7513, highlighting significant constitutional issues around due process, individual rights, and national security. The extension is crucial for Akerman's detailed case preparation, particularly in light of the mandatory exhaustion of military court remedies before federal civilian courts can entertain habeas corpus petitions. Furthermore, the extension is warranted due to the extraordinary circumstances of his suspension, allegedly orchestrated by Brigadier General Caesar Garduno of the Nevada Air National Guard while under federal service, executed without adherence to statutory protections or legal procedures, complicating the legal landscape of the case. QUESTION TO BE PRESENTED @ Should a civilian alleging to have been unlawfully and secretly tried, by a member of the national guard called into federal service under 10 U.S. Code § 12405, be granted the right to challenge their conviction and to petition for a writ of habeas corpus in U.S. federal military courts?

Docket Entries

2024-01-04
Application (23A593) granted by The Chief Justice extending the time to file until March 29, 2024.
2023-12-19
Application (23A593) to extend the time to file a petition for a writ of certiorari from March 17, 2024 to March 29, 2024, submitted to The Chief Justice.

Attorneys

Martin Akerman
Martin Akerman — Petitioner
Martin Akerman — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent