Legal Opinion

Hom Sui Ching v. United States

Court of Appeals for the Second Circuit

Decided July 31, 2002No. Docket 00-3765PublishedCited by 109 opinions

1Opinion of the Court

SOTOMAYOR, Circuit Judge.

Horn Sui Ching moves for an order authorizing the district court to consider a second or successive 28 U.S.C. § 2255 motion. The United States District Court for the Eastern District of New York (Dearie, J.) transferred petitioner’s August 25, 1998 “Motion for Relief Pursuant to 28 U.S.C. § 2241” to this Court after determining, first, that it was in reality a motion for relief under 28 U.S.C. § 2255, and, second, that it constituted a second or successive motion within the meaning of the Antiter-rorism and Effective Death Penalty Act (“AEDPA”). The district court…

2Cases cited25 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. McCleskey v. ZantSupreme Court of the United States · 1991
  3. Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
  4. Sanders v. United StatesSupreme Court of the United States · 1963
  5. Stewart v. Martinez-VillarealSupreme Court of the United States · 1998

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3Cited by109 opinions

  1. Woods v. CareyCourt of Appeals for the Ninth Circuit · 2008
  2. Deidre Clark v. United StatesCourt of Appeals for the Sixth Circuit · 2014
  3. Melvin Poindexter v. John Nash, WardenCourt of Appeals for the Second Circuit · 2003
  4. Garcia v. Superintendent of Great Meadow Correctional FacilityCourt of Appeals for the Second Circuit · 2016
  5. United States v. Stacey SellnerCourt of Appeals for the Eighth Circuit · 2014

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