C: PDF Output in CR habeas corpus rules 2254 & 2255 - U S Courts - uscourts-2025

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The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United
A 2255 petition may be filed by a person in federal custody to challenge a federal criminal conviction and/or sentence. Unlike a 2254 petition, which challenges a state-court conviction and/or sentence, a 2255 petition is not limited to federal constitutional claims.
A federal petition for writ of habeas corpus under 28 U.S.C. 2254 is used by a (1) state prisoner (2) being held in state custody (3) to challenge the validity of a state criminal conviction or sentence (4) for the purpose of obtaining release from custody.
The literal meaning of habeas corpus is you should have the body. Commonly referred to as the Great Writ, habeas corpus is most often associated with an action asserting ineffective assistance of counsel by petitioners challenging the legality of their conviction, but there are several other uses.
Except as otherwise expressly provided by law, the writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto.
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The habeas petition must be in writing and signed and verified either by the petitioner seeking relief or by someone acting on his or her behalf. The petition must name the custodian as the respondent and state the facts concerning the applicants custody and include the legal basis for the request.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

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