No. 25-6276

Hisan Lee v. United States

Lower Court: Second Circuit
Docketed: 2025-12-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: affidavit-evidence certificate-of-appealability constitutional-claims due-process federal-court-review judicial-discretion
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Whether due process is violated when a federal court relies on a demonstrably false affidavit from defense counsel and summarily rejects constitutional claims without an evidentiary hearing

Question Presented (OCR Extract)

1. Due Process and False Evidence: Whether due process is violated when a federal court relies ona demonstrably false affidavit from defense counsel, and then uses that false affidavit to summarily reject multiple constitutional claims without granting an evidentiary hearing. 2. Judicial Mischaracterization and Denial of Process: Whether a district court abuses its discretion and violates due-process by mischaracterizing substantial constitutional claims, adopting government arguments unsupported by the record, ©rddenying discovery and an evidentiary hearing despite the existence of material factual disputes. 3. Appellate Review and Certificate of Appealability: Whether the court of appeals' denial of a Certificate of Appealability without addressing the district court's due process errors conflicts with Slack v. McDaniel, 529 U.S. 473 (2000), and improperly insulates serious constitutional violations from further judicial review.

Docket Entries

2026-01-12
Petition DENIED.
2025-12-11
DISTRIBUTED for Conference of 1/9/2026.
2025-12-09
Waiver of United States of right to respond submitted.
2025-12-09
Waiver of right of respondent United States to respond filed.
2025-11-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2026)
2025-09-08
Application (25A267) granted by Justice Sotomayor extending the time to file until November 10, 2025.
2025-08-26
Application (25A267) to extend the time to file a petition for a writ of certiorari from September 11, 2025 to November 10, 2025, submitted to Justice Sotomayor.

Attorneys

Hisan Lee
Hisan Lee — Petitioner
Hisan Lee — Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent