Notes on 28 U.S.C. § 2253 : US Code - Notes
Search Notes on 28 U.S.C. § 2253 : US Code - Notes
(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.