Broussard v. United States of America

Background

Aaron Rhy Broussard, described as a federal criminal defendant, filed his third petition for a writ of habeas corpus in recent weeks. The court had previously advised him twice that a habeas petition was not the proper procedural vehicle for challenging the federal prosecution then pending against him. The court stated that any challenge to the legality of that prosecution had to be raised in the criminal proceeding itself and, if necessary, on direct appeal after the prosecution ended.

Rulings

The court summarily denied Broussard’s habeas petition and dismissed the matter. The court explained that it was dismissing the petition under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. Although Broussard did not bring the petition under 28 U.S.C. § 2254, the court stated that Rule 1(b) allowed it to apply those rules to a habeas petition not covered by Rule 1(a).

The court also denied Broussard’s application to proceed without paying filing fees. It denied his motion for a temporary restraining order because he could not establish any likelihood of success on the merits of his petition. The court stated that, if Broussard requested permission to appeal without paying fees, this court would deny that status because an appeal from the dismissal would not be taken in good faith. The order certified that any appeal from the judgment would not be taken in good faith and directed the clerk to enter judgment.

Effect of the Order

The order ended this matter by summarily denying the habeas petition and dismissing the case. It did not decide the legality of Broussard’s ongoing criminal prosecution on the merits; instead, it held that this habeas proceeding was not the proper way to present those challenges. Judge Susan Richard Nelson signed the amended order on March 28, 2022.