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Short answer. Habeas corpus is Latin for “you have the body.” A writ of habeas corpus is a court order that makes the government show a lawful reason for holding someone. For people serving a federal sentence, the main way to use it today is a § 2255 motion, filed with the judge who imposed the sentence, to challenge the conviction or sentence. A § 2241 petition, filed where the person is held, covers how the sentence is being carried out and a few rare cases the § 2255 motion cannot reach.
This page explains the basics in plain English: where the right comes from, which federal statute fits which problem, and how habeas differs from a direct appeal. It links to our longer guides instead of repeating them.
Where does the right to habeas corpus come from?
The Constitution protects it directly. The Suspension Clause says: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” U.S. Const. art. I, § 9, cl. 2.
Congress gives the federal courts the power to issue the writ. Under 28 U.S.C. § 2241(a), “[w]rits of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions.” The writ reaches a federal prisoner who is “in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241(c)(3).
For how the writ grew from English law into the modern § 2255 motion, see our page on the history of habeas corpus in America.
§ 2255 or § 2241: which one fits?
In 1948 Congress created the § 2255 motion so that federal prisoners would bring most challenges in the court that sentenced them, instead of the court where they happen to be held. United States v. Hayman, 342 U.S. 205 (1952). So the two tools do different jobs.
| Question | § 2255 motion | § 2241 petition |
|---|---|---|
| What it challenges | The conviction or sentence itself: for example, a sentence imposed in violation of the Constitution or federal law, or above the legal maximum. 28 U.S.C. § 2255(a). | How the sentence is being carried out: for example, being held in a place or manner the sentence does not allow, or the loss of good-time credits. |
| Where you file | The court that imposed the sentence. | The federal district where you are held. |
| Deadline | Generally one year. 28 U.S.C. § 2255(f). | The statute sets no one-year deadline. |
| Second filing | Needs permission from the court of appeals. 28 U.S.C. § 2255(h). | Cannot be used to get around the limits on a second § 2255 motion. Jones v. Hendrix, 599 U.S. 465 (2023). |
Courts describe the split the same way: § 2255 is the main way to attack a federal sentence, and § 2241 is used to attack the manner in which a sentence is executed. Tolliver v. Dobre, 211 F.3d 876 (5th Cir. 2000) (per curiam). If you file a § 2241 petition that really attacks your trial or sentencing, the court will usually treat it as a § 2255 motion.
To learn how a § 2255 motion is put together and filed, see how to file a § 2255 motion.
What is the § 2255(e) saving clause after Jones v. Hendrix?
Section 2255(e) bars a federal prisoner who could use § 2255 from filing a habeas petition instead, “unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his detention.” This exception is called the “saving clause” (or “savings clause”).
In Jones v. Hendrix, 599 U.S. 465 (2023), the Supreme Court read the clause narrowly. It held that a prisoner whose claim rests on a new Supreme Court reading of a criminal statute cannot use § 2241 to get around the limits on second or successive § 2255 motions. The clause still preserves § 2241 where unusual circumstances make it impossible or impracticable to seek relief in the sentencing court, such as when that court no longer exists, and for challenges to detention that do not attack the sentence itself.
Our page on the § 2255(e) savings clause covers the details.
How is habeas different from a direct appeal?
A direct appeal asks a court of appeals to review what happened in the trial court, based on the record. In a federal criminal case, the notice of appeal is generally due 14 days after the judgment. Fed. R. App. P. 4(b)(1)(A). Criminal Center’s guide to federal criminal appeals explains each step of the appeal.
A § 2255 motion is a “collateral” attack, meaning a separate challenge brought after the conviction is final. It goes to the district court, not the court of appeals, and it can rely on facts outside the trial record. That is why claims like ineffective assistance of counsel usually belong in a § 2255 motion. Massaro v. United States, 538 U.S. 500, 504 (2003).
The two are not interchangeable. A § 2255 motion is not a second appeal, and many claims that could have been raised on appeal but were not are barred unless you can show cause and prejudice. See our page on procedural default.
What if you are no longer in custody?
Both § 2255 and § 2241 require that you be “in custody,” which includes supervised release. See who can file a § 2255 motion. Once the sentence is fully over, the rare writ of coram nobis may be the only option left.
Every case is different, and these rules have tight deadlines. Our overview of § 2255 motions at Criminal Center explains how we handle them. Book a consultation and tell us what happened.
Common questions
What does habeas corpus mean?
It is Latin for “you have the body.” A writ of habeas corpus orders the government to bring a prisoner before a court and show a lawful reason for the detention.
Is a § 2255 motion a habeas corpus petition?
Not in name, but it does the same job for federal prisoners. Congress created § 2255 so that federal prisoners would bring most habeas-type challenges to their conviction or sentence in the court that sentenced them.
Can a federal prisoner file a § 2241 habeas petition instead of a § 2255 motion?
Only in limited situations: to challenge how the sentence is being carried out, or under the § 2255(e) saving clause when § 2255 is inadequate or ineffective. After Jones v. Hendrix, 599 U.S. 465 (2023), a new interpretation of a criminal statute is not enough to use § 2241 to get around the limits on a second § 2255 motion.
Is there a deadline for a habeas challenge to a federal conviction?
Yes, for a § 2255 motion the deadline is generally one year, usually counted from the date the conviction became final. 28 U.S.C. § 2255(f). See our page on the § 2255 statute of limitations.
Related pages
Section 2255 Litigation: The Initial Motion
The §2255(e) Savings Clause: Use §2241 When §2255 is Inadequate and Ineffective
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)