Ramiro Ibarra v. Rick Thaler, Director

I agree with the majority that Ramiro Rubi Ibarra’s motion to vacate should be denied, as he presently has an application for a certificate of appealability (COA) pending before this Court. Further, as *228the Government asserts, the motion is an “improper procedural vehicle” for obtaining the relief he seeks because this relief is not available until a decision is made on the COA. However, the majority denies the motion to vacate based on its interpretation and application of Martinez v. Ryan, — U.S. -, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), and its finding that Martinez does not apply to…