28 U.S.C. § 2253 - U.S. Code - Unannotated Title 28. Judiciary and Judicial Procedure § 2253. Appeal
Search U.S. Code
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.
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.
Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from--
the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or
the final order in a proceeding under section 2255 .
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.
The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2).
Read this complete 28 U.S.C. § 2253 - U.S. Code - Unannotated Title 28. Judiciary and Judicial Procedure § 2253. Appeal on Westlaw
FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.