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Habeas Corpus - General (28 USC 2241)

Every decision we've filed under Habeas Corpus - General (28 USC 2241).

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Civil 3399 Criminal 1956 Summary Judgment 806 Sentencing Guidelines 718 Civil Rights - Section 1983 647 Immigration (Civil) 646 Constitutional 536 Supervised Release 473 Drug Trafficking 443 Civil Rights - Employment 367 Firearms 319 Qualified Immunity 251
Feb 19 2026
8th Cir. 25-3248 Panel Decision

Herrera Avila v. Bondi

The Eighth Circuit reversed a district court order granting habeas relief to a Mexican citizen detained without bond during removal proceedings. The appellate court held that the statutory phrase 'seeking admission' in 8 U.S.C. § 1225(b)(2)(A) is synonymous with 'applicant for admission,' thereby authorizing mandatory detention for unadmitted aliens present in the interior of the United States.

Constitutional Habeas Corpus - General (28 USC 2241)
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Feb 13 2026
7th Cir. 24-2962 Panel Decision

ARTURO SOLIS v. STEVEN MERENDINO, Warden

The Seventh Circuit affirmed the denial of a federal prisoner's habeas petition, holding that the Ex Post Facto Clause does not prohibit applying an amended statute that extends the time period for collecting criminal fines. The court ruled that because the original liability period had not expired when the law changed, the amendment did not constitute retroactive punishment.

Constitutional Habeas Corpus - General (28 USC 2241)
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Feb 12 2026
7th Cir. 25-2779 Panel Decision

WILLIAM CLYDE GIBSON III v. RON NEAL

The Seventh Circuit reversed a district court order transporting a death row inmate for mental health testing, holding that the All Writs Act does not authorize such measures without a sufficient nexus to a specific claim for relief. The court found the petitioner failed to demonstrate how the requested brain scans would be admissible evidence to support his equitable tolling argument.

Constitutional Habeas Corpus - General (28 USC 2241) Habeas Corpus - State Prisoner (28 USC 2254) Sixth Amendment - Ineffective Assistance of Counsel
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Jan 21 2026
11th Cir. 3:21-cr-00014-TCB-RGV-1 Published

UNITED STATES OF AMERICA v. STEFAN EBERHARD ZAPPEY

The Eleventh Circuit affirmed Stefan Zappey's conviction for sexually abusing children at a Department of Defense school in Germany, ruling that the district court properly limited expert testimony on memory reliability. The court held that while general science on memory is admissible, experts cannot opine on witness credibility or present cumulative testimony that duplicates other evidence.

Constitutional Habeas Corpus - General (28 USC 2241)
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Jun 24 2025
9th Cir. 23-55617 Published

HECTOR MANUEL CERVANTES- TORRES v. UNITED STATES OF AMERICA

The Ninth Circuit affirmed the denial of a writ of error coram nobis for a petitioner convicted of possessing a firearm as an alien unlawfully present. The court held that the failure to give a Rehaif instruction was not fundamental error because the evidence of the petitioner's knowledge of his status was overwhelming.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Habeas Corpus - General (28 USC 2241) Sentencing Guidelines
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Feb 26 2025
2nd Cir. 23-903 Panel Decision

Uviles v. City of New York

The Second Circuit affirmed that the City of New York lawfully detained a parolee pursuant to a warrant that remained facially valid despite the expiration of the statutory deadline for a preliminary hearing. The court held that New York law requires municipal authorities to honor outstanding parole warrants until the state board of parole lifts them, regardless of procedural delays in the state's internal hearing process.

Civil Rights - Section 1983 Constitutional Fourth Amendment - Search & Seizure Habeas Corpus - General (28 USC 2241)
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Feb 12 2025
2nd Cir. 22-1982 Panel Decision

United States v. Kelly

The Second Circuit affirmed R. Kelly's RICO and Mann Act convictions, rejecting challenges to the sufficiency of the evidence and the constitutionality of the underlying state laws. The court also upheld the district court's evidentiary rulings, jury selection process, and restitution orders, leaving the defendant subject to his original sentence and financial penalties.

Constitutional Habeas Corpus - General (28 USC 2241) Sixth Amendment - Ineffective Assistance of Counsel Supervised Release
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Feb 12 2025
2nd Cir. 22-1481 Panel Decision

United States v. Kelly

The Second Circuit affirmed Robert Sylvester Kelly's RICO and Mann Act convictions, ruling that sufficient evidence supported each count and that the underlying state laws were constitutional as applied to him. The court rejected claims of juror bias, ineffective assistance during voir dire, and errors in evidentiary rulings and restitution orders.

Constitutional Habeas Corpus - General (28 USC 2241) Sixth Amendment - Ineffective Assistance of Counsel Supervised Release
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Dec 30 2024
2nd Cir. 23-793 Per Curiam

Carroll v. Trump

The Second Circuit affirmed the $5 million judgment against Donald Trump, ruling that the district court properly admitted evidence of prior sexual misconduct and a 2005 recording under Federal Rules of Evidence 415 and 404(b). The court held that Trump failed to demonstrate any reversible error or that such rulings affected his substantial rights, thereby denying his request for a new trial.

Constitutional Habeas Corpus - General (28 USC 2241)
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Nov 26 2024
2nd Cir. 22-639 Per Curiam

United States v. Davis

The Second Circuit affirmed Andrew Davis's conviction for conspiracy to commit money laundering, ruling that circumstantial evidence sufficiently linked his girlfriend's cash deposits to his drug trafficking proceeds. The court also rejected ten pro se arguments regarding ineffective assistance, double jeopardy, and sentencing enhancements as meritless, forfeited, or premature.

Constitutional Fifth Amendment - Double Jeopardy Habeas Corpus - Federal Prisoner (28 USC 2255) Habeas Corpus - General (28 USC 2241)
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