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28 U.S.C. § 2241 — Power to grant writ
Federal law — U.S. Code and appendices · legal_authorities
**(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 cour
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Source file: Laws/federal/codes/united-states-code/title-28/section-2241-power-to-grant-writ--3931cde969.md
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Source location: Title 28, Chapter 153, § 2241; chapter-153-habeas-corpus.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section801&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
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Federal law — U.S. Code and appendices · legal_authorities
All courts of the United States shall be deemed always open for the purpose of filing proper papers, issuing and returning process, and making motions and orders.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 452
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Federal law — U.S. Code and appendices · legal_authorities
**(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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2253
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No individual in the custody or under the physical control of the United States Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment or punishment.
**(b) Construction** Nothing in this section shall be construed to impose any geographical limitation on the applicability of the prohibition against cruel, inhuman, or degrading treatment or punishment under this section.
**(c) Limitation on supersedure** The provisions of this section shall not be superseded, except by a provision of law enacted after December 30, 2005, which specifically repeals, modifies, or supersedes the provisions of this section.
**(d) Cruel, inhuman, or degrading treatment or punishment defined** In this section, the term “cruel, inhuman, or degrading treatment or punishment” means the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New York, December 10, 1984.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000dd
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Preference allocation for family-sponsored immigrants** Aliens subject to the worldwide level specified in [section 1151(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1151/c&num=0&edition=prelim) for family-sponsored immigrants shall be allotted visas as follows:
(1) **Unmarried sons and daughters of citizens** — Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).
(2) **Spouses and unmarried sons and unmarried daughters of permanent resident aliens** — Qualified immigrants—
(A) who are the spouses or children of an alien lawfully admitted for permanent residence, or
(B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence,
shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A).
(3) **Married sons and married daughters of citizens** — Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).
(4) **Brothers and sisters of citizens** — Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, pl
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1153
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Classes of aliens ineligible for visas or admission** Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(1) **Health-related grounds**
(A) *In general* — Any alien—
(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance; 11 So in original. The semicolon probably should be a comma.
(ii) except as provided in subparagraph (C), who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,
(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)—
(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or
(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or
(iv) who i
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1182
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Immigrants; nonimmigrants**
(1) Under the conditions hereinafter prescribed and subject to the limitations prescribed in this chapter or regulations issued thereunder, a consular officer may issue
(A) to an immigrant who has made proper application therefor, an immigrant visa which shall consist of the application provided for in [section 1202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1202&num=0&edition=prelim), visaed by such consular officer, and shall specify the foreign state, if any, to which the immigrant is charged, the immigrant’s particular status under such foreign state, the preference, immediate relative, or special immigrant classification to which the alien is charged, the date on which the validity of the visa shall expire, and such additional information as may be required; and
(B) to a nonimmigrant who has made proper application therefor, a nonimmigrant visa, which shall specify the classification under [section 1101(a)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15&num=0&edition=prelim) of the nonimmigrant, the period during which the nonimmigrant visa shall be valid, and such additional information as may be required.
(2) The Secretary of State shall provide to the Service an electronic version of the visa file of each alien who has been issued a visa to ensure that the data in that visa file is available to immigration inspectors at the United States ports of entry before the arrival of the alien at such a port of entry.
**(b) Registration; photographs; waiver of requirement** Each alien who applies for a visa shall be registered in connection with his application, and shall furnish copies of his photograph signed by him for such u
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicable provisions**
(1) **General orders of removal** — Judicial review of a final order of removal (other than an order of removal without a hearing pursuant to [section 1225(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1&num=0&edition=prelim)) is governed only by chapter 158 of title 28, except as provided in subsection (b) and except that the court may not order the taking of additional evidence under section 2347(c) of such title.
(2) **Matters not subject to judicial review**
(A) *Review relating to section 1225(b)(1)* — Notwithstanding any other provision of law (statutory or nonstatutory), including [section 2241 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2241&num=0&edition=prelim), or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review—
(i) except as provided in subsection (e), any individual determination or to entertain any other cause or claim arising from or relating to the implementation or operation of an order of removal pursuant to [section 1225(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1&num=0&edition=prelim),
(ii) except as provided in subsection (e), a decision by the Attorney General to invoke the provisions of such section,
(iii) the application of such section to individual aliens, including the determination made under [section 1225(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1/B&num=0&edition=prelim), or
(iv) except as provided in subsection (e), procedures and policies adopted by the Attorney General to implement the prov
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Federal law — U.S. Code and appendices · legal_authorities
Page 695
TITLE 10—ARMED FORCES
§ 801
authorized, under regulations and policies of the
Department of Defense and subject to subsection
(b), to wear the insignia for that higher grade
for a period of up to 14 days before assuming the
duties of a position for which the higher grade is
authorized. An officer who is so authorized to
wear the insignia of a higher grade is said to be
‘‘frocked’’ to that grade.
(b) RESTRICTIONS.—An officer may not be au-
thorized to wear the insignia for a grade as de-
scribed in subsection (a) unless—
(1) the Senate has given its advice and con-
sent to the appointment of the officer to that
grade;
(2) the officer has received orders to serve in
a position outside the military department of
that officer for which that grade is authorized;
(3) the Secretary of Defense (or a civilian of-
ficer within the Office of the Secretary of De-
fense whose appointment was made with the
advice and consent of the Senate and to whom
the Secretary delegates such approval author-
ity) has given approval for the officer to wear
the insignia for that grade before assuming
the duties of a position for which that grade is
authorized; and
(4) the Secretary of Defense has submitted
to Congress a written notification of the in-
tent to authorize the officer to wear the insig-
nia for that grade.
(c) BENEFITS NOT TO BE CONSTRUED AS ACCRU-
ING.—(1) Authority provided to an officer as de-
scribed in subsection (a) to wear the insignia of
a higher grade may not be construed as confer-
ring authority for that officer to—
(A) be paid the rate of pay provided for an
officer in that grade having the same number
of years of service as that officer; or
(B) assume any legal authority associated
with that grade.
(2) The period for which an officer wears
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
Page 517
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2241
1976—Pub. L. 94–455 substituted ‘‘taxes other than ac-
tions brought under section 7428 of the Internal Rev-
enue Code of 1954’’ for ‘‘taxes’’.
1958—Pub. L. 85–508 struck out provisions which re-
lated to District Court for Territory of Alaska. See sec-
tion 81A of this title which establishes a United States
District Court for the State of Alaska.
1954—Act Aug. 28, 1954, extended provisions to Alaska.
1949—Act May 24, 1949, corrected spelling of ‘‘or’’ in
second sentence.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2020 AMENDMENT
Amendment by Pub. L. 116–113 effective on the date
on which the USMCA enters into force (July 1, 2020),
but not applicable to certain determinations under sec-
tion 1516a of Title 19, Customs Duties, or binational
panel reviews under NAFTA, see section 432 of Pub. L.
116–113, set out as a note under section 1516a of Title 19.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–182 effective on the date
the North American Free Trade Agreement enters into
force with respect to the United States [Jan. 1, 1994],
but not applicable to any final determination described
in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or (iii) of Title
19, Customs Duties, notice of which is published in the
Federal Register before such date, or to a determina-
tion described in section 1516a(a)(2)(B)(vi) of Title 19,
notice of which is received by the Government of Can-
ada or Mexico before such date, or to any binational
panel review under the United States-Canada Free-
Trade Agreement, or to any extraordinary challenge
arising out of any such review that was commenced be-
fore such date, see section 416 of Pub. L. 103–182, for-
merly set out as an Effective Date note u
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2241
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