Bowe v. United States · ¶53

To begin, the Government contends that there is textual support in § 2244(b)(3)(E) for the understanding that the certiorari bar applies to federal prisoners through the cross- reference. On this score, the Government points to how §§ 2244(b)(3)(A)–(E) each use the term “second or successive application” instead of referring to § 2254 specifically or state prisoners more generally. This stands in contrast to nearly all the other provisions in § 2244. In the Government's view, this textual variation means that Congress intended for § 2255(h)'s cross-reference to incorporate any provision in § 2244 that uses the term “second or successive application” and the breadth of the cross-reference therefore must be understood on those terms.

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