§ 2253. Appeal

Statutory text

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).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 2253
June 25, 1948, ch. 646, 62 Stat. 967
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 967
1996
Pub. L. 104–132 title I § 102 · 110 Stat. 1214
Amended · 28 U.S.C. § 2253
Pub. L. 104–132 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows:
Source evidence
Code amendment note
Pub. L. 104–132 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.”
Enacted provision · exact public law section
SEC. 102. APPEAL. Section 2253 of title 28, United States Code, is amended to read as follows: “§ 2253. Appeal “(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).”.

1 of 2 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

1948 Act

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

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

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

Changes were made in phraseology.

1949 Act

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

Editorial Notes

Amendments1949–1996 · 3 rounds

1996

Pub. L. 104–132 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.”

1951

Act Oct. 31, 1951, 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 section 3042 of Title 18 or the” in second par.

1949

Act May 24, 1949, substituted “3042” for “3041” in second par.

Credits

1948–1996 · 4 acts

1948June 25, 1948, ch. 646, 62 Stat. 967
1949May 24, 1949, ch. 139, § 113, 63 Stat. 105
1951Oct. 31, 1951, ch. 655, § 52, 65 Stat. 727
1996Pub. L. 104–132, title I, § 102, Apr. 24, 1996, 110 Stat. 1217.

Show as published

(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.)