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) No court, justice, or judge shall have jurisdiction to
    hear or consider an application for a writ of habeas corpus filed
    by or on behalf of an alien detained by the United States who has
    been determined by the United States to have been properly detained
    as an enemy combatant or is awaiting such determination.
      (2) Except as provided in paragraphs (2) and (3) of section
    1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801 note),
    no court, justice, or judge shall have jurisdiction to hear or
    consider any other action against the United States or its agents
    relating to any aspect of the detention, transfer, treatment,
    trial, or conditions of confinement of an alien who is or was
    detained by the United States and has been determined by the United
    States to have been properly detained as an enemy combatant or is
    awaiting such determination.