context: Before concluding, we note that, although the district court did not expressly state that it was dismissing Mr. Abernathy's petition for lack of jurisdiction, when a federal petitioner fails to establish that he has satisfied SS 2255(e)'s savings clause test -- thus, precluding him from proceeding under SS 2241 -- the court lacks statutory jurisdiction to hear his habeas claims.
citation_a.signal: cf.
citation_a.identifier: 677 F.3d 1031, 1038
citation_a.parenthetical: holding that a SS 2241 petitioner's claim was not cognizable under SS 2241 and therefore the district court lacked jurisdiction
citation_a.sentence: See 28 U.S.C. § 2255(e) (“An application for a writ of habeas corpus ... shall not be entertained ... unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his detention.” (emphasis added)); Brace, 634 F.3d at 1169-70 (affirming the district court’s dismissal for lack of jurisdiction of a petitioner’s § 2241 petition, where the petitioner could not meet § 2255(e)’s savings clause); see also Rice v. Rivera, 617 F.3d 802, 807 (4th Cir.2010) (concluding that the district court lacked jurisdiction over the petitioner’s § 2241 petition because he failed to meet the Fourth Circuit’s savings clause test); Harrison v. Ollison, 519 F.3d 952, 961-62 (9th Cir.2008) (affirming the district court’s dismissal of a § 2241 petition for lack of jurisdiction because the petitioner failed to meet the Ninth Circuit’s savings clause test); cf. Palma-Sala-zar v. Davis, 677 F.3d 1031, 1038 (10th Cir.2012) (holding that a § 2241 petitioner’s claim was not cognizable under § 2241 and therefore the district court lacked jurisdiction).
citation_b.signal: see also
citation_b.identifier: 617 F.3d 802, 807
citation_b.parenthetical: concluding that the district court lacked jurisdiction over the petitioner's SS 2241 petition because he failed to meet the Fourth Circuit's savings clause test
citation_b.sentence: See 28 U.S.C. § 2255(e) (“An application for a writ of habeas corpus ... shall not be entertained ... unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his detention.” (emphasis added)); Brace, 634 F.3d at 1169-70 (affirming the district court’s dismissal for lack of jurisdiction of a petitioner’s § 2241 petition, where the petitioner could not meet § 2255(e)’s savings clause); see also Rice v. Rivera, 617 F.3d 802, 807 (4th Cir.2010) (concluding that the district court lacked jurisdiction over the petitioner’s § 2241 petition because he failed to meet the Fourth Circuit’s savings clause test); Harrison v. Ollison, 519 F.3d 952, 961-62 (9th Cir.2008) (affirming the district court’s dismissal of a § 2241 petition for lack of jurisdiction because the petitioner failed to meet the Ninth Circuit’s savings clause test); cf. Palma-Sala-zar v. Davis, 677 F.3d 1031, 1038 (10th Cir.2012) (holding that a § 2241 petitioner’s claim was not cognizable under § 2241 and therefore the district court lacked jurisdiction).