Also known as: habeas corpus petition · habeas corpus · writ of habeas corpus
Written by attorneys · grounded in primary & secondary sources — see below
A procedural mechanism by which a person in custody challenges the legality of detention before a neutral judicial forum and seeks release if the detention lacks lawful authority.
Hannah Hale, a foreign national seized near a conflict zone and held at a remote military base, faces a statute that bars habeas petitions and offers only internal naval reconsideration. The review team refuses to consider newly discovered crew statements and cannot order release. Hannah files in district court, arguing the process fails to test the executive's authority or the factual basis for her continued detention.
Helena Hoffman, an alien contractor detained indefinitely at an overseas facility, learns that a federal statute eliminates all habeas access and channels review to a defense board lacking power to release detainees. She petitions the district court, contending the statute violates the constitutional bar on suspension absent rebellion or invasion.
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Hunter Hughes, serving life without parole after a minor check offense and three prior convictions, files a habeas petition asserting the sentence violates the Eighth Amendment. The district court must decide whether the punishment is grossly disproportionate under the governing standard.
Harriet Hamilton, convicted of murder after the state required her to disprove malice, brings a habeas petition claiming the allocation violated due process. The court examines whether the instruction impermissibly shifted the burden on an essential element.
Harold Hunt, imprisoned after refusing to answer questions at a state hearing, petitions for habeas relief on the ground that the Fifth Amendment privilege applies through the Fourteenth Amendment. The court must determine whether the state may compel testimony under threat of contempt.
Hassan Hakim, detained for weeks without a judicial finding of probable cause, files a habeas petition seeking release or a prompt hearing. The court considers whether the extended restraint without neutral review violates the Fourth Amendment.
A meaningful substitute must permit the detainee to challenge the President's authority to detain indefinitely, contest the military's fact-finding, introduce exculpatory evidence discovered after the initial proceedings, and seek release.
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Congress may suspend the writ only in cases of rebellion or invasion when public safety requires it.
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No. A process limited to paper review of the existing file, conducted by the same officials who made the initial determination, and closed to new exculpatory evidence fails to provide the required independent testing of the factual and legal basis for detention.
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…maintained in his dissent. Id. , at 59 et seq. Today we would ask with him: ". . . who could hold for a moment, when the writ of habeas corpus cannot be suspended by the legislature itself, either in the general government or most of the States, without an express constitutional permission, that all other writs and laws could be…