28 U.S.C. § 2253 — Appeal
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 204 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
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.
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.
Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from—
the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or
the final order in a proceeding under section 2255.
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.
The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2).
Source credit: (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, § 102, Apr. 24, 1996, 110 Stat. 1217.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 967
- 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 105
- 1951Amended · Act of Oct. 31, 1951, ch. 655 · 65 Stat. 727
- 1996Amended · Pub. L. 104-132 · 110 Stat. 1217
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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