Congress.wikiCongress.wiki
Congress
MapWatchScheduleDaily RecordMembersCommitteesLegislationNominations
Money & Oversight
MoneyOffice SpendingSubpoenasHouse EthicsForeign InfluenceSpecial Rules
Executive & Law
AgenciesRegulationsUS Code

Without donations, we may shut down.Congress.wiki needs your support. Without donations, we may have to shut down the site.

Learn whyDonate
Search⌘K
Congress
MapWatchScheduleDaily RecordMembersCommitteesLegislationNominations
Money & Oversight
MoneyOffice SpendingSubpoenasHouse EthicsForeign InfluenceSpecial Rules
Executive & Law
AgenciesRegulationsUS Code

I can walk you through what this section actually means

U.S. Code/Title 28/§ 2243

Title 28

28

Title overviewSearch titleAll titles
28 U.S.C. § 2243.Chapter 153

§ 2243

Issuance of writ; return; hearing; decision

Title 28
2 min read

Need the full chapter outline? Open Chapter 153 to browse every section without loading the entire chapter explorer on this page.

Back to Chapter 153Previous: § 2242Next: § 2244

A court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto.

The writ, or order to show cause shall be directed to the person having custody of the person detained. It shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed.

The person to whom the writ or order is directed shall make a return certifying the true cause of the detention.

When the writ or order is returned a day shall be set for hearing, not more than five days after the return unless for good cause additional time is allowed.

Unless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained.

The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts.

The return and all suggestions made against it may be amended, by leave of court, before or after being filed.

The court shall summarily hear and determine the facts, and dispose of the matter as law and justice require.

§ 2242

Release: pl-119-111 (2026-09-18)

§ 2244

Get a weekly summary of what Congress did, delivered every Sunday.

  • About
  • How Congress Works
  • Quiz
  • Congress Wrapped
  • Pricing
  • Roadmap
  • Health
  • Privacy Policy
  • Terms of Service
WhiteHouse.wiki•SCOTUS.wiki
Congress.wiki Alpha
Support Us

This is not an official government website.

© 2026 PLEJ LC. All rights reserved.