Bowe v. United States | Date Decided: 1/9/26 | Case No. 24-5438

Background: Under 28 U.S.C. § 2244(b)(1), “[ a] claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed. ” (emphasis added).

Question Presented:

1. Whether 28 U.S.C. § 2244(b)(1) applies to a claim presented in a second or successive motion to vacate under 28 U.S.C. § 2255. * * * Under 28 U.S.C. § 2244(b)(3)(E), “[ t]he grant or denial of an authorization by a court of appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition . . . for a writ of certiorari. ” (emphasis added).
2. Whether 28 U.S.C. § 2244(b)(3)(E) deprives this Court of certiorari jurisdiction over the grant or denial of an authorization by a court of appeals to file a second or successive motion to vacate under 28 U.S.C. § 2255.

Holding:

1. The Court has jurisdiction because §2244(b)(3)(E) does not bar this Court’s review of a federal prisoner’s request to file a second or successive §2255 motion.
2. Section 2244(b)(1) does not apply to second or successive motions filed under §2255(h) by federal prisoners challenging their convictions or sentences.

Result: Vacated and remanded

Voting Breakdown: 5-4. Justice Sotomayor delivered the opinion of the Court in which Chief Justice Roberts and Justices Kagan, Kavanaugh, and Jackson joined. Justice Jackson filed a concurring opinion. Justice Gorsuch filed a dissenting opinion in which Justices Thomas and Alito joined and in which Justice Barrett joined as to Part I.

Link to Opinion: Here.

Oral Advocates:

1. For Petitioner: Andrew L. Adler, Assistant Federal Public Defender, Ft. Lauderdale, Florida.
2. For Respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D.C.
3. For Court-appointed amicus curiae in support of judgment below as to Question 1: Kasdin M. Mitchell, Dallas, Tex.