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The AEDPA is the 1996 law that made § 2255 motions much harder. It added a one-year deadline, a permission step before you can appeal, and tight limits on filing a second motion.
President Bill Clinton signed the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) into law on April 24, 1996. It changed the habeas corpus laws for both state and federal prisoners.
How much did the AEDPA complicate habeas corpus?
A lot. Judge Stephen Reinhardt of the Ninth Circuit called the AEDPA “a twisted labyrinth of deliberately crafted legal obstacles that make it as difficult for habeas petitioners to succeed in pursuing the writ as it would be for a Supreme Court justice to strike out Babe Ruth, Joe DiMaggio and Mickey Mantle in succession.” Stephen Reinhardt, The Demise of Habeas Corpus and the Rise of Qualified Immunity, 113 Mich. L. Rev. 1219 (2015).
If you are planning a § 2255 motion, learn these changes before you file.
What did the AEDPA change?
Three changes matter most for § 2255 motions:
- A one-year deadline to file.
- A “certificate of appealability” — permission you need before you can appeal a denial.
- Strict limits on a second or later (“successive”) § 2255 motion.
What is the AEDPA deadline?
The one-year deadline is in 28 U.S.C. § 2255(f). The year runs from the latest of:
- (1) “the date on which the judgment of conviction becomes final;”
- (2) “the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action;”
- (3) “the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or”
- (4) “the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.”
For most people, the year starts when the conviction becomes final. With no appeal, that is usually 14 days after the judgment is entered. Fed. R. App. P. 4(b)(1)(A). After an appeal with no Supreme Court petition, it is 90 days after the appeals court’s judgment. Clay v. United States, 537 U.S. 522 (2003).
Courts enforce this deadline strictly. A late motion is usually dismissed. Read more on the § 2255(f) statute of limitations, including the other three start dates.
What is a certificate of appealability?
Before the AEDPA, filing a timely notice of appeal was enough to appeal a § 2255 denial. Now you also need a certificate of appealability. Without one, the court of appeals cannot hear the appeal. 28 U.S.C. § 2253(c)(1)(B).
The certificate may issue “only if the applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). That standard is met when “reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner.” Slack v. McDaniel, 529 U.S. 473, 484 (2000).
You do not have to prove you will win the appeal. Getting a certificate “does not require a showing that the appeal will succeed,” and “a court of appeals should not decline the application . . . merely because it believes the applicant will not demonstrate an entitlement to relief.” Miller-El v. Cockrell, 537 U.S. 322, 337 (2003).
Read more about the certificate of appealability and appealing a denial.
How did the AEDPA limit a second § 2255 motion?
Before the AEDPA, a court did not have to hear a second or later motion “for similar relief on behalf of the same prisoner.” Now the limits are much stricter.
Under 28 U.S.C. § 2255(h), “[a] second or successive motion must be certified as provided in section 2244 by a panel of the appropriate court of appeals to contain—(1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or (2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.”
What does that mean in practice?
There are two hurdles. First, a process hurdle: you cannot file a second § 2255 motion in the district court until the court of appeals gives you permission.
Second, a content hurdle: the motion must rely on strong new evidence of innocence or on a new constitutional rule that the Supreme Court has made retroactive.
In 2026, the Supreme Court held that a separate rule for state prisoners — the bar on re-raising a claim already presented, in 28 U.S.C. § 2244(b)(1) — does not apply to federal prisoners’ successive § 2255 motions. The Court also held that it can review a court of appeals’ decision on a federal prisoner’s request for permission. Bowe v. United States, No. 24-5438 (U.S. Jan. 9, 2026).
Learn more about second or successive § 2255 motions.
Common questions
What is the AEDPA?
The Antiterrorism and Effective Death Penalty Act of 1996 is a federal law that changed federal habeas corpus practice. It made § 2255 motions more complicated and made relief harder to get.
How will the AEDPA affect my section 2255 motion?
Three ways. You have one year to file. You need a certificate of appealability to appeal a denial. And a second or later § 2255 motion needs permission from the court of appeals, which is rarely granted.
If one of these rules may affect your case, book a consultation with Brandon Sample to talk it through.
I want to appeal the denial of my section 2255 motion. How do I get a certificate of appealability?
You must make “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). That means showing that reasonable jurists could debate whether the motion should have been decided differently. Slack v. McDaniel, 529 U.S. 473, 484 (2000).
The district judge must grant or deny a certificate when denying the motion. Rule 11(a), Rules Governing Section 2255 Proceedings. If the district judge denies it, you can ask the court of appeals. Fed. R. App. P. 22(b)(1). Either way, you still have to file a timely notice of appeal.
I want to file a second or successive section 2255 motion. What does the AEDPA require?
If you already filed a § 2255 motion that was decided, you need permission from the court of appeals before filing another one. The court of appeals will authorize it only if the motion contains “(1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or (2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” 28 U.S.C. § 2255(h).
If you are thinking about a second § 2255 motion, book a consultation with Brandon Sample before you file.
Related pages
The §2255(e) Savings Clause: Use §2241 When §2255 is Inadequate and Ineffective
Extraordinary Remedies and Recharacterization
Questions about your case? Book a consultation to talk it through with Brandon Sample.