Civil Rights
Block on Trump's Asylum Ban Upheld by Supreme Court
Leave to File Second Habeas Writ Granted
In Quezada v. Smith, No. 10-2738, an application pursuant to 28 U.S.C. section 2244(b)(3) for leave to file in the district court a second petition for a writ of habeas corpus, the court granted the petition where 1) reexamination of an untimeliness ruling that was made with respect to a first habeas corpus petition may occur only in limited circumstances, such circumstances were not present in petitioner's case, and his current petition was properly considered "second"; and 2) petitioner made a sufficient showing to satisfy the court's "gate-keeping" responsibility under 28 U.S.C. section 2244(b)(3).
As the court wrote: "The pending motion for leave of this Court to file in a district court a second petition for a writ of habeas corpus presents an initial issue of whether the petition really is a "second" petition within the meaning of 28 U.S.C. § 2244(b). In this instance, that issue turns on the extent, if any, to which this Court should reexamine the correctness of a district court's dismissal of a previous habeas corpus petition as time-barred. The motion also presents the issue of whether the motion satisfies the standards for filing a second habeas corpus petition."
Related Resources
Sign into your Legal Forms and Services account to manage your estate planning documents.
Sign InCreate an account allows to take advantage of these benefits: