Does a district court have jurisdiction to order that a petitioner be released from custody even after an appeal of the grant or denial of habeas relief has been appealed?
MultiRegion, United States of America
The following excerpt is from Jackson v. Biter, 2:14-cv-2268 MCE DB P (E.D. Cal. 2021):
A district court retains jurisdiction over orders regarding a petitioner's release from custody even after an appeal of the grant or denial of habeas relief has been processed. Stein v. Wood, 127 F.3d 1187, 1190 (9th Cir. 1997). There is a presumption of release from custody,
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