Second Circuit Overrules Precedent Requiring COA When Appealing Denial of Bail Pending Habeas Decision
In Illarramendi v. United States, 18-35 (October 16, 2018), the Second Circuit (Walker, Calabresi, Livingston) in a per curiam decision affirmed the denial of a motion for bail pending resolution of the motion to vacate petitioner’s sentence under 28 U.S.C. § 2255. In doing so, however, the Second Circuit held that the petitioner need not obtain a certificate of appealability (COA) in order to proceed with the appeal of the district court’s decision. This was a departure from Second Circuit precedent—a rare event in the absence of an en banc decision by the Court of Appeals.