28 U.S.C. § 2252 — Notice

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 enactment of this Act.’’ § 2252. Notice Prior to the hearing of a habeas corpus pro- ceeding in behalf of a person in custody of State officers or by virtue of State laws notice shall be served on the attorney general or other appro- priate officer of such State as the justice or judge at the time of issuing the writ shall di- rect. (June 25, 1948, ch. 646, 62 Stat. 967.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 462 (R.S. § 762). Section 462 of title 28, U.S.C., 1940 ed., was limited to alien prisoners described in section 453 of title 28, U.S.C., 1940 ed. The revised section extends to all cases of all prisoners under State custody or authority, leav- ing it to the justice or judge to prescribe the notice to State officers, to specify the officer served, and to sat- isfy himself that such notice has been given. Provision for making due proof of such service was omitted as unnecessary. The sheriff’s or marshal’s re- turn is sufficient. Changes were made in phraseology. § 2253. Appeal (a) In a habeas corpus proceeding or a pro- ceeding 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 pro- ceeding in which the detention complained of arises out of process issued by a State court; or (B) the final order in a proceeding under sec- tion 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 para- graph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2). (June 25, 1948, ch. 646, 62 Stat. 967; May 24, 1949, ch. 139, § 113, 63 Stat. 105; Oct. 31, 1951, ch. 655, § 52, 65 Stat. 727; Pub. L. 104–132, title I, § 102, Apr. 24, 1996, 110 Stat. 1217.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., §§ 463(a) and 466 (Mar. 10, 1908, ch. 76, 36 [35] Stat. 40; Feb. 13, 1925, ch. 229, §§ 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 sec- ond paragraph of section 2253 of title 28. Editorial Notes 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 dis- trict 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 re- move, 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 deten- tion 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 an- other district or place for commitment or trial, a per- son 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.