28 U.S.C. § 2253

(a)

In a habeas corpus proceeding or a proceeding 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 proceeding in which the detention complained of arises out of process issued by a State court; or

(B)

the final order in a proceeding under section 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 paragraph (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, § 102Apr. 24, 1996110 Stat. 1217 (, ; , ; , ; , , .)

Historical and Revision Notes

Act1948

Mar. 10, 1908, ch. 76 Feb. 13, 1925, ch. 229 43 Stat. 940 June 29, 1938, ch. 806 52 Stat. 1232 Based on title 28, U.S.C., 1940 ed., §§ 463(a) and 466 (, 36 [35] Stat. 40; , §§ 6, 13, , 942; , ).

section 466 of title 28This section consolidates paragraph (a) of section 463, and , U.S.C., 1940 ed.

section 463(a) of title 28 section 452 of title 28 section 2241 of this titleThe last two sentences of , U.S.C., 1940 ed., were omitted. They were repeated in , U.S.C., 1940 ed. (See reviser’s note under .)

Changes were made in phraseology.

Act1949

section 2253 of title 28This section corrects a typographical error in the second paragraph of .

Editorial Notes

Amendments

Pub. L. 104–1321996— 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 district 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 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 his detention 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.”

Oct. 31, 1951section 3042 of Title 181951—Act , substituted “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 his” for “of removal issued pursuant to or the” in second par.

May 24, 19491949—Act , substituted “3042” for “3041” in second par.