28 U.S.C. § 2241 : US Code - Section 2241: Power to grant writ

Search 28 U.S.C. § 2241 : US Code - Section 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) Except as provided in section 1005 of the Detainee
Treatment Act of 2005, no court, justice, or judge shall have
jurisdiction to hear or consider -
(1) an application for a writ of habeas corpus filed by or on
behalf of an alien detained by the Department of Defense at
Guantanamo Bay, Cuba; or
(2) any other action against the United States or its agents
relating to any aspect of the detention by the Department of
Defense of an alien at Guantanamo Bay, Cuba, who -
(A) is currently in military custody; or
(B) has been determined by the United States Court of Appeals
for the District of Columbia Circuit in accordance with the
procedures set forth in section 1005(e) of the Detainee
Treatment Act of 2005 to have been properly detained as an
enemy combatant.
(e) (!1) Except as provided in section 1405 of the Detainee
Treatment Act of 2005, no court, justice, or judge shall have
jurisdiction to hear or consider -
(1) an application for a writ of habeas corpus filed by or on
behalf of an alien detained by the Department of Defense at
Guantanamo Bay, Cuba; or
(2) any other action against the United States or its agents
relating to any aspect of the detention by the Department of
Defense of an alien at Guantanamo Bay, Cuba, who -
(A) is currently in military custody; or
(B) has been determined by the United States Court of Appeals
for the District of Columbia Circuit in accordance with the
procedures set forth in section 1405(e) of the Detainee
Treatment Act of 2005 to have been properly detained as an
enemy combatant.