United States Fifth Circuit

In petitioner's appeal from the dismissal of his habeas corpus petition brought pursuant to 28 U.S.C. section 2241, the order is reversed where, in light of the Supreme Court's decision in Santos, petitioner brought a claim that satisfied each of the Reyes-Requena factors, and thus his petition fell within section 2255's savings clause, allowing him to bring a habeas petition under section 2241.

Appellate Information

• Decided 08/13/2010
• Published 08/13/2010

Judges

• James L. Dennis

Court

• United States Fifth Circuit

Counsel