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In United States law, habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /) is a recourse challenging the reasons or conditions of a person's confinement under color of law.A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into ...
This is a list of cases concerning criminal law heard by the Supreme Court of the United States in its original habeas jurisdiction granted by § 14 of the Judiciary Act of 1789, 1 Stat. 73, 81–82. That section provides:
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
Under 28 U.S.C. § 2254, a federal court hearing a habeas petition from a state prisoner must presume that the state court decided the prisoner's federal claim on the merits, even if the state court did not expressly address that federal claim.
The Court affirms the 10th Circuit decision. If a denial of federally-protected constitutional rights is alleged the Supreme Court must be petitioned for certiorari before habeas relief is sought at the district court unless "exceptional circumstances" are shown.
Boumediene v. Bush, 553 U.S. 723 (2008), was a writ of habeas corpus petition made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba.
Department of Homeland Security v. Thuraissigiam, 591 U.S. ___ (2020), was a United States Supreme Court case involving whether the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which limits habeas corpus judicial review of the decisions of immigration officers, violates the Suspension Clause of Article One of the U.S. Constitution.
United States courts are authorized by statute (28 USC §2241 pursuant to §2254) to grant habeas relief to prisoners who have been convicted by a state court. [ 2 ] Justice Felix Frankfurter concurring in Brown notes the "uniqueness" of habeas corpus is its availability to "bring into question the legality of a person's restraint and to ...