Does section 2241 of the Habeas corpus act as a substitute for a motion of habeas corpus?

MultiRegion, United States of America

The following excerpt is from Gouveia v. Espinda, 926 F.3d 1102 (9th Cir. 2019):

Section 2241 provides that "[w]rits of habeas corpus may be granted by ... the district courts ... within their respective jurisdictions" for prisoners "in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. 2241(a), (c)(3). Relying on this grant of jurisdiction, this court has consistently held that 2241 confers jurisdiction for "habeas petition[s] raising a double jeopardy challenge to a petitioner's pending retrial in state court." Wilson v. Belleque , 554 F.3d 816, 821 (9th Cir. 2009).

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