28 U.S.C. § 2253
Section 2253 · Appeal
This is the Antiterrorism and Effective Death Penalty Act of 1996
Amended 4 times on record
The circuits are split over this section — Whether Federal Rule of Civil Procedure 15(c)(2)'s relation-back provision applies to amendments to pleadings in collateral attacks on a conviction (e.g., 28 U.S.C. § 2255 motions).
Applied in 24,738 court decisions — leading case Slack v. McDaniel (2000)
Most recently applied in M. Benton v. S. Babcock (December 2025)
Applied most in the Ninth Circuit Circuit (1,270 decisions)
Cases citing this section usually also cite 28 U.S.C. § 2254 · 28 U.S.C. § 2255 · 28 U.S.C. § 2244
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) In a habeas corpus proceeding or a proceeding under section 2255 before a district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit in which the proceeding is held.
(b) There shall be no right of appeal from a final order in a proceeding to test the validity of a warrant to remove to another district or place for commitment or trial a person charged with a criminal offense against the United States, or to test the validity of such person's detention pending removal proceedings.
(c)(1) Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from—
(A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or
(B) the final order in a proceeding under section 2255.
(2) A certificate of appealability may issue under paragraph (1) only if the applicant has made a substantial showing of the denial of a constitutional right.
(3) The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2).
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., §§463(a) and 466 (Mar. 10, 1908, ch. 76, 36 Stat. 40; Feb. 13, 1925, ch. 229, §§6, 13, 43 Stat. 940, 942; June 29, 1938, ch. 806, 52 Stat. 1232).
This section consolidates paragraph (a) of section 463, and section 466 of title 28, U.S.C., 1940 ed.
The last two sentences of section 463(a) of title 28, U.S.C., 1940 ed., were omitted. They were repeated in section 452 of title 28, U.S.C., 1940 ed. (See reviser's note under section 2241 of this title.)
Changes were made in phraseology.
1949 Act
This section corrects a typographical error in the second paragraph of section 2253 of title 28.
Amendments
1996—Pub. L. 104–132 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows:
“In a habeas corpus proceeding before a circuit or district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit where the proceeding is had.
“There shall be no right of appeal from such an order in a proceeding to test the validity of a warrant to remove, to another district or place for commitment or trial, a person charged with a criminal offense against the United States, or to test the validity of his detention pending removal proceedings.
“An appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, unless the justice or judge who rendered the order or a circuit justice or judge issues a certificate of probable cause.”
1951—Act Oct. 31, 1951, substituted “to remove, to another district or place for commitment or trial, a person charged with a criminal offense against the United States, or to test the validity of his” for “of removal issued pursuant to section 3042 of Title 18 or the” in second par.
1949—Act May 24, 1949, substituted “3042” for “3041” in second par.
Federal Rules of Criminal Procedure
Commitment to another district; removal, see Rule 40, Title 18, Appendix, Crimes and Criminal Procedure.