Byron Neal v. Warden, FCI Terminal Island
ERISA HabeasCorpus Privacy
Whether the Ninth Circuit erred in construing a habeas petition under 28 U.S.C. § 2241 as a second or successive motion under 28 U.S.C. § 2255 despite invoking the savings clause
Whether the United States Court of Appeals for the Ninth Circuit (“Ninth Circuit ”) erred in construing Neal ’s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 (“§ 2241 Petition ”) as a Second or Successive Motion under 28 U.S.C. § 2255, despite its proper invocation of the § 2255(e) savings clause. Whether the denial of a certificate of appealability (COA) was improper where Neal was not required to obtain a COA for a § 2241 Petition, and where the petition raised a substantial constitutional question regarding the legality of detention.