No. 25-5332
Francisco Melgar Cabrera v. Christian Lepe, Warden
Response WaivedIFP
Tags: administrative-procedure-act detention-review extradition-treaty federal-jurisdiction habeas-corpus statutory-interpretation
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2025-09-29
Question Presented (AI Summary)
Whether extradition treaty violations are cognizable under 28 USC §2241(c)(3) and may be challenged at any time regardless of AEDPA restrictions
Question Presented (from Petition)
WHETHER: EXTRADITION TREATY VIOLATIONS ARE COGNIZABLE UNDER 28 USC §2241(c)(3) RATHER THAN UNDER §2255(a); A PERSON HELD IN CUSTODY IN VIOLATION OF A TREATY MAY CHALLENGE, AT ANY TIME, THE LEGALITY OF HIS DETENTION. REGARDLESS OF AEDPA RESTRICTIONS?
Docket Entries
2025-10-06
Petition DENIED.
2025-08-28
DISTRIBUTED for Conference of 9/29/2025.
2025-08-21
Waiver of Lepe, Warden of right to respond submitted.
2025-08-21
Waiver of right of respondent Lepe, Warden to respond filed.
2025-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 11, 2025)
Attorneys
Lepe, Warden
D. John Sauer — Solicitor General, Respondent
D. John Sauer — Solicitor General, Respondent