Supreme Court and Nationwide Floor
This overlay is the jurisdiction guardrail for the circuit pages. It identifies the nationwide source hierarchy and the questions that remain circuit sensitive; it does not restate every claim in the canonical process modules.
Controlling hierarchy
- Current Constitution and statutes.
- Current Federal Rules and valid nationwide regulations.
- Controlling Supreme Court holdings in the actual procedural posture.
- Published, current law of the circuit with jurisdiction.
- Circuit local rules, internal operating procedures, and standing orders.
- Persuasive authority, labeled as such.
Nationwide floor and circuit-sensitive remainder
| Issue | Nationwide source or holding | Circuit-sensitive remainder | Required stop condition |
|---|---|---|---|
| § 2241 filing and respondent | 28 U.S.C. §§ 2241, 2242, 2243 and Rumsfeld v. Padilla govern the statutory writ, petition, immediate-custodian rule, and core physical-confinement forum. | Exhaustion character, waiver, excuse, claim-specific exceptions, transfer effects, and noncore custody can require circuit law. | Do not infer an exhaustion exception or forum rule beyond the verified source and posture. |
| § 2241 COA | 28 U.S.C. § 2253(c) classifies when a COA is required. | Custody source and unusual procedural vehicles can change the classification. | Identify the source of detention and proceeding before using a no-COA statement. |
| § 2255 later filings | 28 U.S.C. §§ 2244 and 2255, Magwood, Gonzalez, Banister, and Jones v. Hendrix define nationwide boundaries. | Prior-disposition classification, authorization procedure, mixed motions, and local form requirements can require circuit rules. | Obtain the complete prior-application record and current circuit authorization rules. |
| First Step Act § 404 | Section 404 and Concepcion v. United States supply the nationwide floor. | Hearing, presence, explanation, preservation, scope of remand, and standards of review can require circuit authority. | Do not promise a hearing, plenary resentencing, or appellate remedy without controlling authority. |
| § 3582(c) | Section 3582(c), Rule 43, and the applicable statute define the vehicle and authorized relief. | Issue presentation, reconsideration, waiver, appeal interaction, and error treatment can vary. | Preserve the request and use current circuit law for procedure not resolved by text. |
| Supervised release | 18 U.S.C. §§ 3583 and 3605 and Rule 32.1 supply the national structure. | Explanation, changed-circumstance, collateral-attack, transfer, hearing, and review rules can vary. | Separate modification, termination, revocation, direct appeal, and collateral attack. |
| Residual writs | 28 U.S.C. § 1651 and Supreme Court limits prevent the All Writs Act from displacing an applicable statute or rule. | Any audita-querela elements test and genuine remedial gap require current circuit authority. | Do not treat § 2255 restrictions as a gap without binding circuit authority. |
Circuit pages
- First Circuit
- Second Circuit
- Third Circuit
- Fourth Circuit
- Fifth Circuit
- Sixth Circuit
- Seventh Circuit
- Eighth Circuit
- Ninth Circuit
- Tenth Circuit
- Eleventh Circuit
- D.C. Circuit
Verification limits
The circuit pages record publication status, conflicts, local-rule source, split status, and check date. An entry marked not_verified is a conspicuous research dependency that flows into the Jira backlog. No absence of a listed circuit case should be read as a legal conclusion.