Newark, NJ – A federal judge has dismissed a habeas corpus petition filed by inmate Osvaldo Mercado, ruling that he used the wrong legal vehicle to challenge his conviction on firearms charges.
Mercado, who was convicted in 2022 in New Jersey federal court under 18 U.S.C. § 924(c), argued he should not have faced the charge because he never brandished or used a firearm. He attempted to bring his challenge under 28 U.S.C. § 2241, which allows federal prisoners to contest the execution of their sentence.
But U.S. District Judge Edward S. Kiel ruled that § 2241 cannot be used to attack the validity of a conviction or sentence. Instead, such challenges must be filed under 28 U.S.C. § 2255 with the sentencing court.
Mercado argued that § 2255 was “inadequate or ineffective” because he only learned of a Supreme Court case more than a year after his sentencing. Judge Kiel found this argument insufficient, citing a 2023 Supreme Court decision clarifying that the “savings clause” in § 2255 applies only in unusual circumstances where relief in the sentencing court is impossible.
Rather than convert Mercado’s filing into a § 2255 motion — a step that carries legal consequences for any future appeals — the court declined jurisdiction and ordered the clerk to send Mercado the proper § 2255 form so that he may decide whether to file directly with the sentencing judge.
Key Points
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- Inmate Osvaldo Mercado challenged his 2022 firearms conviction under the wrong statute.
- Judge ruled habeas petitions under § 2241 cannot be used to attack the validity of a conviction.
- Court dismissed the petition but sent Mercado the proper form to refile under § 2255.
Mercado must now decide whether to take his fight back to the sentencing court.