§ 2253. — Appeal.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2253]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 153--HABEAS CORPUS
Sec. 2253. Appeal
(a) In a habeas corpus proceeding or a proceeding under section 2255
before a district judge, the final order shall be subject to review, on
appeal, by the court of appeals for the circuit in which the proceeding
is held.
(b) There shall be no right of appeal from a final order in a
proceeding to test the validity of a warrant to remove to another
district or place for commitment or trial a person charged with a
criminal offense against the United States, or to test the validity of
such person's detention pending removal proceedings.
(c)(1) Unless a circuit justice or judge issues a certificate of
appealability, an appeal may not be taken to the court of appeals from--
(A) the final order in a habeas corpus proceeding in which the
detention complained of arises out of process issued by a State
court; or
(B) the final order in a proceeding under section 2255.
(2) A certificate of appealability may issue under paragraph (1)
only if the applicant has made a substantial showing of the denial of a
constitutional right.
(3) The certificate of appealability under paragraph (1) shall
indicate which specific issue or issues satisfy the showing required by
paragraph (2).
(June 25, 1948, ch. 646, 62 Stat. 967; May 24, 1949, ch. 139, Sec. 113,
63 Stat. 105; Oct. 31, 1951, ch. 655, Sec. 52, 65 Stat. 727; Pub. L.
104-132, title I, Sec. 102, Apr. 24, 1996, 110 Stat. 1217.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., Secs. 463(a) and 466 (Mar. 10,
1908, ch. 76, 36 Stat. 40; Feb. 13, 1925, ch. 229, Secs. 6, 13, 43 Stat.
940, 942; June 29, 1938, ch. 806, 52 Stat. 1232).
This section consolidates paragraph (a) of section 463, and section
466 of title 28, U.S.C., 1940 ed.
The last two sentences of section 463(a) of title 28, U.S.C., 1940
ed., were omitted. They were repeated in section 452 of title 28,
U.S.C., 1940 ed. (See reviser's note under section 2241 of this title.)
Changes were made in phraseology.
1949 Act
This section corrects a typographical error in the second paragraph
of section 2253 of title 28.
Amendments
1996--Pub. L. 104-132 reenacted section catchline without change and
amended text generally. Prior to amendment, text read as follows:
``In a habeas corpus proceeding before a circuit or district judge,
the final order shall be subject to review, on appeal, by the court of
appeals for the circuit where the proceeding is had.
``There shall be no right of appeal from such an order in a
proceeding to test the validity of a warrant to remove, to another
district or place for commitment or trial, a person charged with a
criminal offense against the United States, or to test the validity of
his detention pending removal proceedings.
``An appeal may not be taken to the court of appeals from the final
order in a habeas corpus proceeding where the detention complained of
arises out of process issued by a State court, unless the justice or
judge who rendered the order or a circuit justice or judge issues a
certificate of probable cause.''
1951--Act Oct. 31, 1951, substituted ``to remove, to another
district or place for commitment or trial, a person charged with a
criminal offense against the United States, or to test the validity of
his'' for ``of removal issued pursuant to section 3042 of Title 18 or
the'' in second par.
1949--Act May 24, 1949, substituted ``3042'' for ``3041'' in second
par.
Section Referred to in Other Sections
This section is referred to in title 8 section 1226a.
