Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Loading PDF...
Tags:
PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 247 2241 Instructions002 1.002 2. 3. 4. 5. 6. 7. Who Should Use This Form. You should use this form if 225003 you are a federal prisoner and you wish to challenge the way your sentence is being carried out (forexample, you claim that the Bureau of Prisons miscalculated your sentence or failed to properly award good time credits); 225003 you are in federal or state custody because of something other than a judgment of conviction (forexample, you are in pretrial detention or are awaiting extradition); or 225003 you are alleging that you are illegally detained in immigration custody.Who Should Not Use This Form. You should not use this form if 225003 you are challenging the validity of a federal judgment of conviction and sentence (these challenges aregenerally raised in a motion under 28 U.S.C. 247 2255); 225003 you are challenging the validity of a state judgment of conviction and sentence (these challenges aregenerally raised in a petition under 28 U.S.C. 247 2254); or 225003 you are challenging a final order of removal in an immigration case (these challenges are generallyraised in a petition for review directly with a United States Court of Appeals). Preparing the Petition. The petition must be typed or neatly written, and you must sign and date it under penalty of perjury. A false statement may lead to prosecution. All questions must be answered clearly and concisely in the space on the form. If needed, you may attach additional pages or file a memorandum in support of the petition. If you attach additional pages, number the pages and identify which section of the petition is being continued. All filings must be submitted on paper sized 8275 by 11 inches. Do not use the back of any page. Supporting Documents. In addition to your petition, you must send to the ourt a copy of the decisions you are challenging and a copy of any briefs or administrative remedy forms filed in your case. Required Filing Fee. required by 28 U.S.C. 247 1914(a). If you are unable to pay the filing fee, you must ask the ourt for permission to proceed by submitting the documents that the ourt requires. toIf you want. American LegalNet, Inc. www.FormsWorkFlow.com UNITED STATES DISTRICT COURT 002 ) ) ) Petitioner ) v. ) ) Case No. ) (Clerk of Court) ) ) Respondent ) (name of warden or authorized person having custody of petitioner) PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 247 2241002 Personal Information002 1.(a) Your full name:(b) Other names you have used:2.003Place of confinement:(a) Name of institution:(b) Address: (c) Your identification number: 3.Are you currently being held on orders by:002 Federal authorities State authorities Other - explain:002 4.003 e currently: A pretrial detainee (waiting for trial on criminal charges) Serving a sentence (incarceration, parole, probation, etc.) after having been convicted of a crimeIf you are currently serving a sentence, provide: (a) Name and location of court that sentenced you: (b) Docket number of criminal case: (c) Date of sentencing: Being held on an immigration charge Other (explain): American LegalNet, Inc. www.FormsWorkFlow.com 5. 6. 7. Decision or Action You Are Challenging you challenging in this petition: How your sentence is being carried out, calculated, or credited by prison or parole authorities (for example, revocation or calculation of good time credits) Pretrial detention Immigration detention Detainer The validity of your conviction or sentence as imposed (for example, sentence beyond the statutory maximum or improperly calculated under the sentencing guidelines) Disciplinary proceedings Other (explain): Provide more information about the decision or action you are challenging: (a) Name and location of the agency or court: (b) Docket number, case number, or opinion number: (c) Decision or action you are challenging (for disciplinary proceedings, specify the penalties imposed): (d) Date of the decision or action: Your Earlier Challenges of the Decision or Action First appeal Did you appeal the decision, file a grievance, or seek an administrative remedy? Yes No (a) If Yes, provide: (1) Name of the authority, agency, or court: (2) Date of filing: (3) Docket number, case number, or opinion number: (4) Result: (5) Date of result: (6) Issues raised: American LegalNet, Inc. www.FormsWorkFlow.com (b) If you answered No, explain why you did not appeal: 8.003 Second appealAfter the first appeal, did you file a second appeal to a higher authority, agency, or court? Yes No(a) If Yes, provide:(1) Name of the authority, agency, or court: (2) Date of filing: (3) Docket number, case number, or opinion number: (4) Result: (5) Date of result: (6) Issues raised: (b) If you answered No, explain why you did not file a second appeal: 9.003 Third appealAfter the second appeal, did you file a third appeal to a higher authority, agency, or court? Yes No(a) If Yes, provide:(1) Name of the authority, agency, or court: (2) Date of filing: (3) Docket number, case number, or opinion number: (4) Result: (5) Date of result: (6) Issues raised: American LegalNet, Inc. www.FormsWorkFlow.com (b) If you answered No, explain why you did not file a third appeal: 10.003Motion under 28 U.S.C. 247 2255In this petition, are you challenging the validity of your conviction or sentence as imposed? Yes NoIf Yes, answer the following:(a)003 Have you already filed a motion under 28 U.S.C. 247 2255 that challenged this conviction or sentence? No Yes If Yes, provide: (1) Name of court: (2) Case number: (3) Date of filing: (4) Result: (5) Date of result: (6) Issues raised: (b)003 Have you ever filed a motion in a United States Court of Appeals under 28 U.S.C. 247 2244(b)(3)(A), seeking permission to file a second or successive Section 2255 motion to challenge this conviction or sentence? Yes No If Yes, provide: (1) Name of court: (2) Case number: (3) Date of filing: (4) Result: (5) Date of result: (6) Issues raised: American LegalNet, Inc. www.FormsWorkFlow.com (c) Explain why the remedy under 28 U.S.C. 247 2255 is inadequate or ineffective to challenge your conviction or sentence: 11.003Appeals of immigration proceedingsDoes this case concern immigration proceedings? Yes No (a)003 (b)003 (c)003 If Yes, provide: Date you were taken into immigration custody: Date of the removal or reinstatement order: Did you file an appeal with the Board of Immigration Appeals? Yes No002 If Yes, provide:002 (1) Date of filing: (2) Case number: (3) Result: (4) Date of result: (5) Issues raised: (d)003 Did you appeal the decision to the United States Court of Appeals? Yes No If Yes, provide: (1) Name of court: (2) Date of filing: (3) Case number: American LegalNet, Inc. www.FormsWorkFlow.com (4) Result: (5) Date of result: (6) Issues raised: 12.003 Other appealsOther than the appeals you listed above, have you filed any other petition, application, or motion about the issuesraised in this petition? Yes NoIf Yes, provide:(a) Kind of petition, motion, or application:(b) Name of the authority, agency, or court:(c) Date of filing: (d) Docket number, case number, or opinion number: (e) Result: (f) Date of result: (g) Issues raised: Grounds for Your Challenge in This Petition 13.003State every ground that supports your claim that you are being held in violation of the Constitution,laws, ortreaties of the United States. Attach additional pages if you have more than four grounds. State thefactssupporting each ground. GROUND ONE: American LegalNet, Inc. www.FormsWorkFlow.com (a) Supporting facts (Be brief. Do not cite cases or law.): (b) Did you present Ground One in all appeals that were available to you? Yes No002 GROUND TWO: (a) Supporting facts (Be brief. Do not cite cases or law.): (b) Did you present Ground Two in all appeals that were available to you?002 Yes No002 GROUND THREE: (a) Supporting facts (Be brief. Do not cite cases or law.): (b) Did you present Ground Three in all appeals that were available to you? Yes No American LegalNet, Inc. www.FormsWorkFlow.com GROUND FOUR: (a) Supporting facts (Be brief. Do not cite cases or law.): (b) Did you present Ground Four in all appeals that were available to