Whether a state's failure to timely comply with both a conditional and unconditional habeas corpus writ constitutes a due process violation warranting extraordinary relief

No question identified. : proceedings in the federal courts alone. Though he successfully obtained habeas relief, his is the only case counsel can identify where a State failed to timely comply with both a conditional and unconditional writ of habeas corpus. Counsel requires additional time to appropriately address this unprecedented situation. 4. Moreover, this request is being made because of counsels’ heavy workload. Mr. Akbar’s lead counsel, as well as undersigned counsel, has been responsible for multiple evidentiary hearings in capital cases in November and December. Counsel’s six-attorney unit also represented a client with a November 13, 2025, execution date. Counsel’s important work further was disrupted by a federal government lapse in appropriations. Finally, Mr. Akbar’s lead counsel has a planned vacation—her only of the year—during the Christmas holiday. 5. Under these circumstances, counsel respectfully requests that the Court grant this Motion and extend the time in which to file the Petition for Writ of Certiorari by forty-five days, until February 23, 2026. 6. The granting of this request shall cause no prejudice to the Respondent. 7. This request is made in good faith and is not predicated on an intent to delay the resolution of this litigation. For the foregoing reasons, counsel for Mr. Akbar hereby requests that an extension of time to and including February 23, 2026, be granted within which counsel may file a petition for writ of certiorari. Dated: December 23, 2025 Respectfully submitted, Kirk J. ZR, Mocrratn Assistant Federal Public Defender Counsel of Record for Malik Allah-U-Akbar Supreme Court Bar No. 229934 Kathryn Bailey Assistant Federal Public Defender Federal Public Defender for the Western District of Pennsylvania 1001 Liberty Avenue Suite 1500 Pittsburgh, PA 15222 412-644-6565 kara_bailey@fd.org