Hammoud v. Ma'at, No. 19-50914 (5th Cir. 2022)
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Petitioner appealed the dismissal of his 28 U.S.C. Section 2241 habeas corpus petition for lack of jurisdiction. The Fifth Circuit explained that because Petitioner could have raised all his present claims in a Section 2255 motion, he may not raise them in a Section 2241 petition. Accordingly, the court affirmed the district court’s denial of Section 2241 relief.
The court explained that Section 2255 provides for a one-year statute of limitations. All of the pieces that comprise Petitioner’s claim were in place well before that period expired. Congress had amended the statute at issue. The Supreme Court had decided the cases on which he relies. Because a Section 2255 motion could have accommodated the challenge, a Section 2241 petition is foreclosed.
This opinion or order relates to an opinion or order originally issued on November 30, 2020.
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