Bowe v. United States
No. 24-5438 · Decided January 9, 2026 · Vacated and remanded
Does 28 U.S.C. § 2244(b)(3)(E), which prohibits certiorari review of a court of appeals' authorization decision for a second or successive habeas application, apply to federal prisoners seeking relief under 28 U.S.C. § 2255? The Court held that neither the certiorari bar of 28 U.S.C. § 2244(b)(3)(E) nor the old-claim bar of 28 U.S.C. § 2244(b)(1) applies to federal prisoners seeking postconviction relief under 28 U.S.C. § 2255.
Vote & lineup5–4 on the judgment. Sotomayor delivered the opinion of the Court, joined by Roberts, Kagan, Kavanaugh, Jackson (5). Dissent(s): Gorsuch (joined by Thomas, Alito, Barrett). Concurrence(s): Jackson.
The question
Does 28 U.S.C. § 2244(b)(3)(E), which prohibits certiorari review of a court of appeals' authorization decision for a second or successive habeas application, apply to federal prisoners seeking relief under 28 U.S.C. § 2255? Additionally, does the "old-claim bar" in 28 U.S.C. § 2244(b)(1), which requires the dismissal of claims previously presented in a prior application, apply to second or successive motions filed by federal prisoners under 28 U.S.C. § 2255(h)? The case specifically addresses whether the cross-reference in § 2255(h) to § 2244 imports these specific restrictions.
Petitioner's argument
- § 2244(b)(3)(E) does not apply because it refers to "second or successive applications," whereas federal prisoners file "motions" under § 2255(e).
- The certiorari bar is a post-certification event and does not relate to the process of how a panel certifies a motion, which is the only part incorporated by § 2255(h).
- § 2244(b)(1) applies only to state prisoners because its text explicitly references "habeas corpus application under section 2254."
- Federal prisoners should not be subject to the old-claim bar because § 2255(h) provides its own distinct substantive requirements.
Respondent's argument
- The cross-reference in § 2255(h) to § 2244 imports the certiorari bar found in § 2244(b)(3)(E).
- It would be inconsistent and illogical to bar certiorari for state prisoners but allow it for federal prisoners.
- § 2244(b)(1) applies to federal prisoners because § 2255(h) incorporates § 2244(b)(3)(C), which requires a prima facie showing that the filing satisfies the "requirements of this subsection" (including § 2244(b)(1)).
- The 30-day deadline for panel decisions in § 2244(b)(3)(D) implies that the decision should be final and not subject to lengthy certiorari review.
The decision
- The Court held that § 2244(b)(3)(E) does not bar certiorari review of authorization decisions for federal prisoners.
- Applying the rule from *Castro v. United States*, the Court reasoned that Congress must "speak clearly" to strip the Court of its broad certiorari jurisdiction under 28 U.S.C. § 1254(1).
- The Court found that § 2255(h)'s cross-reference is narrow, incorporating only the procedures for how a panel certifies a motion, not post-certification bars like § 2244(b)(3)(E).
- The Court further held that § 2244(b)(1)'s old-claim bar does not apply to federal prisoners.
- The Court relied on the plain text of § 2244(b)(1), which specifically targets "application[s] under section 2254," whereas federal prisoners file "motions" under § 2255.
- Invoking *Henson v. Santander Consumer USA Inc.*, the Court presumed that the different terminology ("applications" vs. "motions") conveys a difference in meaning.
- The Court rejected the argument that § 2255(h) incorporates § 2244(b)(1) via § 2244(b)(3)(C), noting that doing so would make the more lenient "newly discovered evidence" standard in § 2255(h)(1) a "dead letter" compared to the stricter standard in § 2244(b)(2)(B).
- The Court noted that AEDPA treats state and federal prisoners differently to respect "comity, finality, and federalism" regarding state courts, concerns that do not apply to federal judgments.
Separate opinions
Jackson, concurring
- Argues that even if § 2244(b)(3)(E) applied, it would not bar review here because the panel "dismissed" the request for lack of jurisdiction rather than "denying" it after applying statutory criteria.
- Relies on *Castro v. United States* and *Abbott v. Perez* to distinguish between a "statutorily relevant 'denial'" and a dismissal.
Gorsuch, dissenting (joined by Thomas, Alito, Barrett)
- Argues the Court lacks jurisdiction because § 2255(h) incorporates the rules of § 2244, including the certiorari bar in § 2244(b)(3)(E).
- Contends that § 2244(b)(1) applies to federal prisoners because § 2244(b)(3)(C) requires a prima facie showing that the filing satisfies the "requirements of this subsection."
- Argues that the 30-day deadline in § 2244(b)(3)(D) is only meaningful if the panel's decision is final.