Does the federal court have the power to grant writ of habeas corpus?
MultiRegion, United States of America
The following excerpt is from Roccisano v. Menifee, 293 F.3d 51 (2nd Cir. 2002):
28 U.S.C. 2255, and 2241 has stated that the federal courts have the power to grant writs of habeas corpus and that "[t]he writ of habeas corpus shall not extend to a prisoner unless ... [h]e is in custody in violation of the Constitution or laws or treaties of the United States," 28 U.S.C. 2241(c)(3). However, "[s]ections 2255 and 2241 address different types of claims...." Chambers v. United States, 106 F.3d 472, 475 (2d Cir.1997).
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