(a) Application for the Original Writ. An application for a writ
of habeas corpus must be made to the appropriate district court.
If made to a circuit judge, the application must be transferred to
the appropriate district court. If a district court denies an appli-
cation made or transferred to it, renewal of the application before
a circuit judge is not permitted. The applicant may, under 28
U.S.C. §2253, appeal to the court of appeals from the district
court’s order denying the application.
(b) Certificate of Appealability.
(1) In a habeas corpus proceeding in which the detention
complained of arises from process issued by a state court, or
in a 28 U.S.C. §
2255 proceeding, the applicant cannot take an
appeal unless a circuit justice or a circuit or district judge is-
sues a certificate of appealability under 28 U.S.C. §
2253(c). If
an applicant files a notice of appeal, the district clerk must
send to the court of appeals the certificate (if any) and the
statement described in Rule 11(a) of the Rules Governing Pro-
ceedings Under 28 U.S.C. §
2254 or §2255 (if any), along with the
notice of appeal and the file of the district-court proceedings.
If the district judge has denied the certificate, the applicant
may request a circuit judge to issue it.
(2) A request addressed to the court of appeals may be con-
sidered by a circuit judge or judges, as the court prescribes. If
no express request for a certificate is filed, the notice of ap-
peal constitutes a request addressed to the judges of the court
of appeals.
(3) A certificate of appealability is not required when a state
or its representative or the United States or its representative
appeals.
(As amended Pub. L. 104–132, title I, §103, Apr. 24, 1996, 110 Stat.
1218; Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 26, 2009, eff. Dec 1, 2009.)
Custody or Release of a Prisoner in a Habeas Corpus Pro-
ceeding
(a) Transfer of Custody Pending Review. Pending review of a de-
cision in a habeas corpus proceeding commenced before a court,
justice, or judge of the United States for the release of a prisoner,
the person having custody of the prisoner must not transfer cus-
tody to another unless a transfer is directed in accordance with
this rule. When, upon application, a custodian shows the need for
a transfer, the court, justice, or judge rendering the decision
under review may authorize the transfer and substitute the suc-
cessor custodian as a party.
(b) Detention or Release Pending Review of Decision Not to Re-
lease. While a decision not to release a prisoner is under review,
the court or judge rendering the decision, or the court of appeals,
or the Supreme Court, or a judge or justice of either court, may
order that the prisoner be:
(1) detained in the custody from which release is sought;
(2) detained in other appropriate custody; or
(3) released on personal recognizance, with or without sur-
ety.
(c) Release Pending Review of Decision Ordering Release. While
a decision ordering the release of a prisoner is under review, the
prisoner must—unless the court or judge rendering the decision,
or the court of appeals, or the Supreme Court, or a judge or justice
of either court orders otherwise—be released on personal recog-
nizance, with or without surety.
(d) Modification of the Initial Order on Custody. An initial order
governing the prisoner’s custody or release, including any recog-
nizance or surety, continues in effect pending review unless for
special reasons shown to the court of appeals or the Supreme
Court, or to a judge or justice of either court, the order is modi-
fied or an independent order regarding custody, release, or surety
is issued.