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SCOTUS RULES FOR HABEAS CORPUS
INCONSISTENT WITH FEDERAL LAWS
United States Code
28 U.S.C.§ 2071
Rule making powers generally
a) The Supreme Court
and all courts established by Act of Congress may from time to time prescribe rules for the conduct of their business. Such rules shall be consistent with Acts of Congress.
Title 28 U.S.C. § 2241
(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
(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.
Title 28 U.S.C. § 2242
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
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.
Title 28 U.S.C. § 2243
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
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.
The person to whom the writ or order is directed shall make a return certifying the true cause of
When the writ or order is returned a day shall be set for hearing, not more than five days after the
return unless for good cause additional time is allowed.
Unless the application for the writ and the return present only issues of law the person to whom the
writ is directed shall be required to produce at the hearing the body of the person detained.
The applicant or the person detained may, under oath, deny any of the facts set forth in the return
or allege any other material facts.
The return and all suggestions made against it may be amended, by leave of court, before or after
The court shall summarily hear and determine the facts, and dispose of the matter as law and justice