If my petition for certiorari (pre-trial habeas corpus under §2241) is granted by the U.S. Supreme Court, so if the judgement (mootness) of dependency case is vacated after the court reviews my opening brief, does that mean that habeas corpus is granted so no case exists any longer? I didn't remark "reverse the decision" but I asked for vacating judgment. Will this be a problem if I didn't ask for reverse the decision of the State court of appeal?
While the above action is taken, can I also file post-trial habeas corpus under §2254 with the U.S. district court since the above decision process takes long time? Will this action jeopardize the above review?
1 Answer from Attorneys
A grant of a writ of certiorari only means that the Supreme Court has agreed to hear the case. It does not change the status of the case in any manner. You will then receive a deadline to file your opening brief.