§ 2241. — Power to grant writ.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2241]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 153--HABEAS CORPUS
Sec. 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.
(June 25, 1948, ch. 646, 62 Stat. 964; May 24, 1949, ch. 139, Sec. 112,
63 Stat. 105; Pub. L. 89-590, Sept. 19, 1966, 80 Stat. 811.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., Secs. 451, 452, 453 (R.S.
Secs. 751, 752, 753; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167;
Feb. 13, 1925, ch. 229, Sec. 6, 43 Stat. 940).
Section consolidates sections 451, 452 and 453 of title 28, U.S.C.,
1940 ed., with changes in phraseology necessary to effect the
consolidation.
Words ``for the purpose of an inquiry into the cause of restraint of
liberty'' in section 452 of title 28, U.S.C., 1940 ed., were omitted as
merely descriptive of the writ.
Subsection (b) was added to give statutory sanction to orderly and
appropriate procedure. A circuit judge who unnecessarily entertains
applications which should be addressed to the district court, thereby
disqualifies himself to hear such matters on appeal and to that extent
limits his usefulness as a judge of the court of appeals. The Supreme
Court and Supreme Court Justices should not be burdened with
applications for writs cognizable in the district courts.
1949 Act
This section inserts commas in certain parts of the text of
subsection (b) of section 2241 of title 28, U.S.C., for the purpose of
proper punctuation.
Amendments
1966--Subsec. (d). Pub. L. 89-590 added subsec. (d).
1949--Subsec. (b). Act May 24, 1949, inserted commas after ``Supreme
Court'' and ``any justice thereof''.
Section Referred to in Other Sections
This section is referred to in title 8 section 1226a; title 18
section 3006A.
