Habeas Corpus

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Related to Habeas petition: habeas corpus

Habeas Corpus

A writ one may file requiring the custodian of a prisoner to justify in court that the imprisonment is legal. For example, if one is arrested without proper warrant, one may file habeas corpus for one's release. It should be noted that the right to file habeas corpus may be suspended in national emergencies or for other reasons. The concept comes from English common law.
References in periodicals archive ?
filed fewer than 3000 habeas petitions during a recent one-year period.
20) For example, in review of habeas petitions, a federal court of appeals may take judicial notice of the relevant state court documents even if they were not a part of the district court record.
150) Khouzam in turn filed a habeas petition seeking to block his impending removal to Egypt, claiming that the Due Process Clause entitled him to an opportunity to contest Egypt's diplomatic assurances before a neutral decision-maker.
185) Agreeing with every circuit to have addressed the issue, the Court concluded that a state habeas petition is "'pending' during the interval between a lower court's determination and filing of [a request for review] in a higher court.
Thus, and notwithstanding the Madisonian Compromise or nineteenth-century Supreme Court decisions that have been read to suggest that Congress's power over the jurisdiction of the lower federal courts is plenary, (37) the Supreme Court in Boumediene invalidated section 7(a) of the Military Commissions Act of 2006 as applied to Guantanamo, (38) entirely because it deprived the federal courts of jurisdiction over the detainees' habeas petitions without providing an adequate substitute.
Clark, (22) the Supreme Court addressed the habeas petitions of 120 German nationals held on Ellis Island in New York awaiting deportation to Germany.
36) Finding that the President had no authority to detain al-Marri, the court granted the habeas petition and ordered the government to end its military detention of al-Marri.
But the Supreme Court, in a majority decision written by Chief Justice William Rehnquist and joined by four other justices, with Kennedy concurring separately, held that Padilla had filed his habeas petition in the wrong jurisdiction, and that he had to begin over in the district of his incarceration, namely South Carolina, located in the 4th Circuit.
Circuit Court, which agreed with the federal government and concluded that federal district courts do not have jurisdiction to hear a detainees' habeas petition since these individuals are aliens and are being detained outside U.
The Supreme Court found that no federal district court had jurisdiction to hear their habeas petition.