No. 25-6286

Wilfredo Feliciano-Rodriguez v. United States

Lower Court: First Circuit
Docketed: 2025-12-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure federal-statute habeas-corpus judicial-discretion statutory-interpretation time-limit
Latest Conference: 2026-01-09
Question Presented (from Petition)

Is the Appellate Court able to violate 28 U.S.C. §2244(b)(3)(D) arguing that this statute is not mandatory but a simple guideline?

It is incontrovertible that 28 U.S.C. §2244(b)(3)(D) 30 days time limit is mandatory when it provides: "Shall grant or deny" ... "not later" than 30 days.

What are the legal consequences of violating 28 U.S'.G. §2244(b)(3)(D) exceeding the maximum 30 days limit?

How does a misinterpretation of 28 U.S.C. §2244(b)(3)(D) affect petitioners seeking to file second or successive 28 U.S.C. §2255 motions?

This Court has jurisdiction under 28 U.S.C. §1254(1) to review, a petition for a writ of certoriari, the Court of Appeals has not decided on the applica­tion for authorizing to file a second or successive motion under §2255. In light of a statute providing that "[t]he grant or denial authorization by a court of appeals to file a second or successive application shall 'grant or deny'" ... "not later than 30-days."

Question Presented (AI Summary)

Whether the Appellate Court can violate 28 U.S.C. §2244(b)(3)(D) by treating the 30-day time limit as a guideline rather than a mandatory requirement

Docket Entries

2026-01-12
Petition DENIED.
2025-12-17
DISTRIBUTED for Conference of 1/9/2026.
2025-12-11
Waiver of right of respondent United States to respond filed.
2025-11-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 5, 2026)

Attorneys

United States
D. John SauerSolicitor General, Respondent
Wilfredo Feliciano-Rodriguez
Wilfredo Feliciano-Rodriguez — Petitioner