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28 U.S.C. § 2243 — Issuance of writ; return; hearing; decision
Federal law — U.S. Code and appendices · legal_authorities
A court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto.
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Source file: Laws/federal/codes/united-states-code/title-28/section-2243-issuance-of-writ-return-hearing-decision--e6cb6340dc.md
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Source location: Title 28, Chapter 153, § 2243; chapter-153-habeas-corpus.md
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A court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto.
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Federal law — U.S. Code and appendices · legal_authorities
Each justice or judge of the United States may administer oaths and affirmations and take acknowledgments.
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Federal law — U.S. Code and appendices · legal_authorities
Page 519
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2244
‘‘(a) IN GENERAL.—No person may invoke the Geneva
Conventions or any protocols thereto in any habeas
corpus or other civil action or proceeding to which the
United States, or a current or former officer, employee,
member of the Armed Forces, or other agent of the
United States is a party as a source of rights in any
court of the United States or its States or territories.
‘‘(b) GENEVA CONVENTIONS DEFINED.—In this section,
the term ‘Geneva Conventions’ means—
‘‘(1) the Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces
in the Field, done at Geneva August 12, 1949 (6 UST
3114);
‘‘(2) the Convention for the Amelioration of the
Condition of the Wounded, Sick, and Shipwrecked
Members of the Armed Forces at Sea, done at Geneva
August 12, 1949 (6 UST 3217);
‘‘(3) the Convention Relative to the Treatment of
Prisoners of War, done at Geneva August 12, 1949 (6
UST 3316); and
‘‘(4) the Convention Relative to the Protection of
Civilian Persons in Time of War, done at Geneva Au-
gust 12, 1949 (6 UST 3516).’’
§ 2242. Application
Application for a writ of habeas corpus shall
be in writing signed and verified by the person
for whose relief it is intended or by someone act-
ing in his behalf.
It shall allege the facts concerning the appli-
cant’s commitment or detention, the name of
the person who has custody over him and by vir-
tue of what claim or authority, if known.
It may be amended or supplemented as pro-
vided in the rules of procedure applicable to
civil actions.
If addressed to the Supreme Court, a justice
thereof or a circuit judge it shall state the rea-
sons for not making application to the district
court of the district in which the applicant is
h
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