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28 U.S.C. § 2350 — Review in Supreme Court on certiorari or certification
Federal law — U.S. Code and appendices · legal_authorities
**(a)** An order granting or denying an interlocutory injunction under [section 2349(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2349/b&num=0&edition=prelim) and a final judgment of the court of appeals in a proceeding to review under this chapter are subject to review by the Supreme Court on a writ of certiorari as provided by [section 1254(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254/1&num=0&edition=prelim). Application for the writ shall be made within 45 days after entry of the order and within 90 days after entry of the judgment, as the case may be. The United States, the agency, or an aggrieved party may file a petition for a writ of certiorari.
**(b)** The provisions of [section 1254(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254/2&num=0&edition=prelim), regarding certification, and of [section 2101(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2101/f&num=0&edition=prelim), regarding stays, also apply to proceedings under this chapter.
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Source file: Laws/federal/codes/united-states-code/title-28/section-2350-review-in-supreme-court-on-certiorari-or-certification--80a150d146.md
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Source location: Title 28, Chapter 158, § 2350; chapter-158-orders-of-federal-agencies-review.md
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**(a)** An order granting or denying an interlocutory injunction under [section 2349(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2349/b&num=0&edition=prelim) and a final judgment of the court of appeals in a proceeding to review under this chapter are subject to review by the Supreme Court on a writ of certiorari as provided by [section 1254(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254/1&num=0&edition=prelim). Application for the writ shall be made within 45 days after entry of the order and within 90 days after entry of the judgment, as the case may be. The United States, the agency, or an aggrieved party may file a petition for a writ of certiorari.
**(b)** The provisions of [section 1254(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254/2&num=0&edition=prelim), regarding certification, and of [section 2101(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2101/f&num=0&edition=prelim), regarding stays, also apply to proceedings under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1254
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Certification.—**
(1) **In general.—** — If requested by an appropriate State official, the Attorney General of the United States shall determine—
(A) whether the State has established a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State postconviction proceedings brought by indigent prisoners who have been sentenced to death;
(B) the date on which the mechanism described in subparagraph (A) was established; and
(C) whether the State provides standards of competency for the appointment of counsel in proceedings described in subparagraph (A).
(2) **Effective date.—** — The date the mechanism described in paragraph (1)(A) was established shall be the effective date of the certification under this subsection.
(3) **Only express requirements.—** — There are no requirements for certification or for application of this chapter other than those expressly stated in this chapter.
**(b) Regulations.—** The Attorney General shall promulgate regulations to implement the certification procedure under subsection (a).
**(c) Review of Certification.—**
(1) **In general.—** — The determination by the Attorney General regarding whether to certify a State under this section is subject to review exclusively as provided under chapter 158 of this title.
(2) **Venue.—** — The Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over matters under paragraph (1), subject to review by the Supreme Court under [section 2350 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2350&num=0&edition=prelim).
(3) **Standard of review.—** — The determination by the Attorney General regarding whether to certify a State under this section shal
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Federal law — U.S. Code and appendices · legal_authorities
Page 594
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2350
tion’’ are omitted as unnecessary. In the last sentence,
the word ‘‘applies’’ is substituted for ‘‘shall apply’’.
Editorial Notes
AMENDMENTS
1984—Subsec. (b). Pub. L. 98–620 struck out provisions
that the hearing on an application for an interlocutory
injunction be given preference and expedited and heard
at the earliest practicable date after the expiration of
the notice of hearing on the application, and that on
the final hearing of any proceeding to review any order
under this chapter, the same requirements as to prece-
dence and expedition was to apply.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–620 not applicable to cases
pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620
set out as an Effective Date note under section 1657 of
this title.
§ 2350. Review in Supreme Court on certiorari or
certification
(a) An order granting or denying an interlocu-
tory injunction under section 2349(b) of this title
and a final judgment of the court of appeals in
a proceeding to review under this chapter are
subject to review by the Supreme Court on a
writ of certiorari as provided by section 1254(1)
of this title. Application for the writ shall be
made within 45 days after entry of the order and
within 90 days after entry of the judgment, as
the case may be. The United States, the agency,
or an aggrieved party may file a petition for a
writ of certiorari.
(b) The provisions of section 1254(2) of this
title, regarding certification, and of section
2101(f) of this title, regarding stays, also apply
to proceedings under this chapter.
(Added Pub. L. 89–554, § 4(e), Sept. 6, 1966, 80 Stat.
624; amended Pub. L. 100–352, § 5(e), June 27,
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2350
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