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28 U.S.C. § 2253 — Appeal
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).
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Source file: Laws/federal/codes/united-states-code/title-28/section-2253-appeal--89eeb5544a.md
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Source location: Title 28, Chapter 153, § 2253; chapter-153-habeas-corpus.md
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**(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).
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2241
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Federal law — U.S. Code and appendices · legal_authorities
[Section 3041 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3041&num=0&edition=prelim) shall apply in any country where the United States exercises extraterritorial jurisdiction for the arrest and removal therefrom to the United States of any citizen or national of the United States who is a fugitive from justice charged with or convicted of the commission of any offense against the United States, and shall also apply throughout the United States for the arrest and removal therefrom to the jurisdiction of any officer or representative of the United States vested with judicial authority in any country in which the United States exercises extraterritorial jurisdiction, of any citizen or national of the United States who is a fugitive from justice charged with or convicted of the commission of any offense against the United States in any country where it exercises extraterritorial jurisdiction.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3042
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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) Detention of terrorist aliens**
(1) **Custody** — The Attorney General shall take into custody any alien who is certified under paragraph (3).
(2) **Release** — Except as provided in paragraphs (5) and (6), the Attorney General shall maintain custody of such an alien until the alien is removed from the United States. Except as provided in paragraph (6), such custody shall be maintained irrespective of any relief from removal for which the alien may be eligible, or any relief from removal granted the alien, until the Attorney General determines that the alien is no longer an alien who may be certified under paragraph (3). If the alien is finally determined not to be removable, detention pursuant to this subsection shall terminate.
(3) **Certification** — The Attorney General may certify an alien under this paragraph if the Attorney General has reasonable grounds to believe that the alien—
(A) is described in section 1182(a)(3)(A)(i), 1182(a)(3)(A)(iii), 1182(a)(3)(B), 1227(a)(4)(A)(i), 1227(a)(4)(A)(iii), or 1227(a)(4)(B) of this title; or
(B) is engaged in any other activity that endangers the national security of the United States.
(4) **Nondelegation** — The Attorney General may delegate the authority provided under paragraph (3) only to the Deputy Attorney General. The Deputy Attorney General may not delegate such authority.
(5) **Commencement of proceedings** — The Attorney General shall place an alien detained under paragraph (1) in removal proceedings, or shall charge the alien with a criminal offense, not later than 7 days after the commencement of such detention. If the requirement of the preceding sentence is not satisfied, the Attorney General shall release the alien.
(6) **Limitation on indefinite detention** — An alien detained solely under
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1226a
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Federal law — U.S. Code and appendices · legal_authorities
Page 522
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2252
any such proceeding shall be as valid as if no ha-
beas corpus proceedings or appeal were pending.
(June 25, 1948, ch. 646, 62 Stat. 966; Pub. L.
109–177, title V, § 507(f), Mar. 9, 2006, 120 Stat.
251.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., § 465 (R.S. § 766; Mar.
3, 1893, ch. 226, 27 Stat. 751; Feb. 13, 1925, ch. 229, § 8(c),
43 Stat. 940; June 19, 1934, ch. 673, 48 Stat. 1177).
Provisions relating to proceedings pending in 1934
were deleted as obsolete.
A provision requiring an appeal to be taken within 3
months was omitted as covered by sections 2101 and
2107 of this title.
Changes were made in phraseology.
Editorial Notes
AMENDMENTS
2006—Pub. L. 109–177 designated first par. of existing
provisions as subsec. (a)(1) and inserted headings, added
pars. (2) and (3), and designated second par. of existing
provisions as subsec. (b) and inserted heading.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–177, title V, § 507(d), Mar. 9, 2006, 120 Stat.
251, provided that:
‘‘(1) IN GENERAL.—This section [enacting section 2265
of this title, amending this section and sections 2261
and 2266 of this title, and repealing former section 2265
of this title] and the amendments made by this section
shall apply to cases pending on or after the date of en-
actment of this Act [Mar. 9, 2006].
‘‘(2) TIME LIMITS.—In a case pending on the date of en-
actment of this Act, if the amendments made by this
section establish a time limit for taking certain action,
the period of which began on the date of an event that
occurred prior to the date of enactment of this Act, the
period of such time limit shall instead begin on the
date of enactmen
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2253
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