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< prev - next > 28 us code chapter 153 habeas corpus (Printable PDF)
28 U.S. Code Chapter 153 Habeas Corpus
28 U.S. Code § 2241 Power to grant writ
(a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and
any circuit judge within their respective jurisdictions. The order of a circuit judge shall be entered in the
records of the district court of the district wherein the restraint complained of is had.
(b) The Supreme Court, any justice thereof, and any circuit judge may decline to entertain an application for a
writ of habeas corpus and may transfer the application for hearing and determination to the district court
having jurisdiction to entertain it.
(c) The writ of habeas corpus shall not extend to a prisoner unless
(1) He is in custody under or by color of the authority of the United States or is committed for trial before
some court thereof; or
(2) He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process,
judgment or decree of a court or judge of the United States; or
(3) He is in custody in violation of the Constitution or laws or treaties of the United States; or
(4) He, being a citizen of a foreign state and domiciled therein is in custody for an act done or omitted under
any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, order or
sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of
nations; or
(5) It is necessary to bring him into court to testify or for trial.
(d) Where an application for a writ of habeas corpus is made by a person in custody under the judgment and
sentence of a State court of a State which contains two or more Federal judicial districts, the application may
be filed in the district court for the district wherein such person is in custody or in the district court for the
district within which the State court was held which convicted and sentenced him and each of such district
courts shall have concurrent jurisdiction to entertain the application. The district court for the district wherein
such an application is filed in the exercise of its discretion and in furtherance of justice may transfer the
application to the other district court for hearing and determination.
(e)
(1) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas
corpus filed by or on behalf of an alien detained by the United States who has been determined by the United
States to have been properly detained as an enemy combatant or is awaiting such determination.
(2) Except as provided in paragraphs (2) and (3) of section 1005(e) of the Detainee Treatment Act of 2005 (10
U.S.C. 801 note), no court, justice, or judge shall have jurisdiction to hear or consider any other action against
the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of
confinement of an alien who is or was detained by the United States and has been determined by the United
States to have been properly detained as an enemy combatant or is awaiting such determination.
28 U.S. Code § 2242 Application
Application for a writ of habeas corpus shall be in writing signed and verified by the person for whose relief it
is intended or by someone acting in his behalf.
It shall allege the facts concerning the applicant’s commitment or detention, the name of the person who has
custody over him and by virtue of what claim or authority, if known.
It may be amended or supplemented as provided in the rules of procedure applicable to civil actions.
If addressed to the Supreme Court, a justice thereof or a circuit judge it shall state the reasons for not making
application to the district court of the district in which the applicant is held.
28 U.S. Code § 2243 Issuance of writ; return; hearing; decision
A court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ
or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears
from the application that the applicant or person detained is not entitled thereto.
The writ, or order to show cause shall be directed to the person having custody of the person detained. It shall
be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed.
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