What is the test for treating a petition for habeas corpus as a motion for relief?
MultiRegion, United States of America
The following excerpt is from Murphy v. USA, 199 F.3d 599 (2nd Cir. 1999):
1. Petitioner's document was treated as a petition for habeas corpus because "[a]n extraditee's sole remedy from an adverse decision is to seek a writ of habeas corpus." Ahmad v. Wigen, 910 F.2d 1063, 1065 (2d Cir. 1990).
1. Petitioner's document was treated as a petition for habeas corpus because "[a]n extraditee's sole remedy from an adverse decision is to seek a writ of habeas corpus." Ahmad v. Wigen, 910 F.2d 1063, 1065 (2d Cir. 1990).
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