Criminal procedure
Habeas Corpus
A writ of habeas corpus is a court order requiring the government to justify holding someone in custody.
In federal practice the most common petitions come from state prisoners arguing their convictions violated the Constitution. Federal review is deferential: relief generally requires showing the state court's decision was contrary to, or an unreasonable application of, clearly established federal law.
Strict procedural rules apply, including exhaustion of state remedies and a one-year limitations period. Habeas petitions are also used in immigration detention and military detention contexts.
The word habeas covers several distinct statutes. Section 2241 challenges the execution of a sentence or detention itself, while Sections 2254 and 2255 attack state and federal convictions, and mixing them up leads to dismissals on procedural grounds. Federal habeas is also the vehicle for challenging detention outside the criminal conviction context, including immigration detention, extradition, and disputes about how the Bureau of Prisons is calculating a release date.
How it appears on a docket
PETITION for Writ of Habeas Corpus under 28 U.S.C. Sec. 2254 filed. Respondent ordered to answer within 60 days.
Governing rule
28 U.S.C. Sec. 2241, 2254
Related terms
- Section 2255 Motion — A Section 2255 motion is a federal prisoner's request to vacate, set aside, or correct a sentence because it violates the Constitution or federal law.
- Certificate of Appealability — A certificate of appealability is the permission a habeas or Section 2255 petitioner must obtain before a court of appeals will hear their appeal.
More on criminal procedure
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