Habeas Corpus Petition By A Person In Custody (Pur To 28 USC-2241)

APPLICATION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. 247 2241 BY A PERSON IN CUSTODY INSTRUCTIONS---READ CAREFULLY 1. Use This Form If you are a pretrial detainee challenging your pre-conviction custody, a federal prisoner challenging the execution of your sentence or actions taken by the Bureau of Prisons, a person in custody challenging an immigration-related order (other than a removal order),or in other situations where relief is not available under 28 U.S.C. 247 2254 or 28 U.S.C. 247 2255. Do Not Use This Form If You Are Challenging the Constitutionality of Your State Court Conviction or Sentence. INSTEAD, USE THE FORM ENTITLED UNDER 28 U.S.C. 247 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE Unless 28 U.S.C. 247 2255 is Inadequate or Ineffective to Test the Legality of Your Detention, Do Not Use This Form If You Are Challenging Your Federal Conviction or Sentence. INSTEAD, USE THE FORM ENTITLED UNDER 28 U.S.C. 247 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL 2. Readable You may either type or neatly handwrite the information on the following form. It must be readable. 3. Responding to Questions on the Form You must answer all applicable questions. You may respond to any question on the form that does not apply to you by inserting or applicable. 4. Signed Under Penalty of Perjury Your application must be signed. Your signature indicates that the application is signed penalty of perjury. This means that any false statement of a material fact presented in your application may serve as a basis for prosecution and conviction for perjury. Your signature does not have to be witnessed by a notary public. The application may also be signed by a person authorized to sign it for you, such as an attorney. 5. Copies and Proper Court When the application is fully completed, you must mail the original and two (2) copies to: Clerk of Court, United States District Court for the Eastern District of Wisconsin, 517 East Wisconsin Avenue, Milwaukee, WI 53202. 6. All Grounds You must include all grounds for relief in this application and the facts supporting each ground for relief. If you fail to do so, you may be prevented from presenting additional grounds at a later date. 7. Legal Citations and Arguments You should not cite to legal authorities (i.e., case law or statutes) on this form. If you want to cite to legal authority, you must do so in a separate memorandum no longer than fifteen (15) pages. Excess pages will not be considered. 8. Fee You must either (a) pay the filing fee of $5.00 or (b) if you do not have the $5.00, you may request permission to proceed in forma pauperis (as a poor person), in which event you must complete and sign the petition and affidavit attached to this application and have an authorized officer at the penal institution complete and sign the attached certificate 9. Prisoner E-Filing Program Inmates confined at Dodge Correctional Institution, Green Bay Correctional Institution, Waupun Correctional Institution, Wisconsin Secure Program Facility, Columbia Correctional Institution, and Oshkosh Correctional Institution must submit all correspondence and case filings, including the habeas petition and any in forma pauperis petition, to institution staff for filing. 247 2241 - i - May 2017 American LegalNet, Inc. www.FormsWorkFlow.com - 1 - 247 2 2 4 1 J u n e 2 0 1 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN , Applicant, Full N am e (under which you were convicted or detained) Prisoner or A N um ber en Registration Numbe Docket No. (to be supplied by Clerk) C ustodial Location vs. , Respondent(s). N am e of W arden, Superintendent, Sheriff, or Authorized Person H aving C ustody of the Applicant.1 APPLICATION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. 247 2241 BY A PERSON IN CUSTODY Caution: THIS IS NOT THE FORM TO BE USED IF YOU CLAIM THAT YOU ARE INNOCENT OF THE CRIME(S) FOR WHICH YOU WERE CONVICTED; IF YOU CLAIM YOU WERE FOUND GUILTY BY A STATE COURT IN VIOLATION OF THE LAWS OR CONSTITUTION OF THE UNITED STATES; OR, IF YOU CLAIM THAT YOUR FEDERAL SENTENCE OR CONVICTION IS UNLAWFUL, UNLESS 28 U.S.C. 247 2255 IS INADEQUATE OR INEFFECTIVE TO TEST THE LEGALITY OF YOUR DETENTION. 1 If the applicant is confined, the proper respondent is the officer who has custody of the applicant. American LegalNet, Inc. www.FormsWorkFlow.com - 2 - 247 2 2 4 1 J u n e 2 0 1 3 I. GENERAL INFORMATION A. Your name (under w hich you w ere convicted or detained) Other names used B. Address of custodial location II. SUBJECT OF THIS APPLICATION A. Check the type of decision or action that you are challenging: G Denial of parole G Revocation of parole G Disciplinary matter G Revocation/calculation of good time credits G Detainer/illegal pretrial detention G Detention by Immigration and Customs Enforcement (ICE) G Other (describe briefly the type of decision or action involved) B. Who made the decision or took the action? C. Date of decision or action D. Was there a hearing of any kind? G Yes G No American LegalNet, Inc. www.FormsWorkFlow.com - 3 - 247 2 2 4 1 J u n e 2 0 1 3 SUBJECT O F THIS A PPLIC A T I O N - c o n t i n u e d If yes, 1. First Hearing: a. Date b. Location c. Conducted by d. Result 2. Second Hearing: a. Date b. Location c. Conducted by d. Result 3. Future Hearings: a. Date b. Location If no, and you are an immigration detainee, state why you are not in removal proceedings: American LegalNet, Inc. www.FormsWorkFlow.com - 4 - 247 2 2 4 1 J u n e 2 0 1 3 SUBJECT O F THIS A PPLIC A T I O N - c o n t i n u e d 4. If you are an immigration detainee, what is your current custody determination? G Ordered detained without bond G Ordered released upon posting a bond in the amount of $ G Other: Attach a copy of the Notice of Custody Determination [Form I-286] a. Did you request a bond before the immigration judge? G Yes G No If yes, attach a copy of the immigration judge's decision to your petition. b. How long have you been detained as an immigration detainee? c. Have you been ordered removed or given voluntary departure by an Immigration Judge? G Yes G No If yes, attach a copy of the order of removal or order of voluntary departure to your petition. E. Were you represented by an attorney, counselor, or by a staff representative at any hearing? G Yes G No If yes, give name and address F. If you are challenging your illegal pretrial detention, complete the following: 1. Charge(s) 2. Name and location of court(s) in which charge(s) is/are pending 3. Case or docket number(s) 4. Date of arrest or date that you were initially confined on charge(s) American LegalNet, Inc. www.FormsWorkFlow.com - 5 - 247 2 2 4 1 J u n e 2 0 1 3 SUBJECT O F THIS A PPLIC A T I O N - c o n t i n u e d G. If you are in custody after conviction and sentencing, complete the following: 1. Offense(s) 2. Name and location of court which imposed the sentence 3. Case or docket number(s) 4. Date of conviction 5. Date of sentencing 6. Length of sentence 7. Did you appeal the conviction? G Yes G No If yes, attach a copy of the decision(s) that resolved your appeal and answer the following questions. a. First appeal: 1. Court 2. Case or docket number(s) 3. Grounds raised 4. Result 5. Date b. Second appeal: 1. Court 2. Case or docket number(s) 3. Grounds raised American LegalNet, Inc. www.FormsWorkFlow.com - 6 - 247 2 2 4 1 J u n e 2 0 1 3 SUBJECT O F THIS A PPLIC A T I O N - c o n t i n u e d 4. Result 5. Date 8. Have you challenged this sentence in any other post conviction proceeding? G Yes G No If yes, attach a copy of the decision(s) that resolved your challenge and answer the following questions. a. Court b. Case or docket number(s) c. Grounds raised d. Result e. Date III. PREVIOUS APPEALS/ADMINISTRATIVE REMEDY PROCEDURES A. Did you appeal the decision or action listed in Section II(A) to a federal court previously? G Yes G No If yes, attach the decision(s) that resolved your appeal and answer the following questions. 1. Date of filing appeal 2. Grounds raised 3. Result 4. Date American LegalNet, Inc. www.FormsWorkFlow.com - 7 - 247 2 2 4 1 J u n e 2 0 1 3 PREVI O US A PPE A LS/ A DM I NISTR A T IVE REMEDY PROCEDURES