Free 2241 Form - Hawaii

Name and Prisoner Number/Alien Registration Number Place of Confinement Mailing Address City, State, Zip Code (Failure to notify the Court of your change of address may result in dismissal of this action.)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.
(To be supplied by the Clerk)

,
(Full Name of Petitioner)

Petitioner, vs. ,
(Name of Warden, Jailor or authorized person having custody of Petitioner)

PETITION UNDER 28 U.S.C. § 2241 FOR A WRIT OF HABEAS CORPUS

9 AMENDED PETITION

Respondent(s),

PETITION 1. What are you challenging in this petition? 9 Immigration detention 9 Bureau of Prisons sentence calculation or loss of good-time credits 9 Probation, parole or supervised release 9 State Pre-trial detention 9 Other (explain):

2.

(a) Name and location of the agency or court that made the decision you are challenging:

(b) Case or opinion number: (c) Decision made by the agency or court:

(d) Date of the decision:
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3.

Did you appeal the decision to a higher agency or court? If yes, answer the following:

Yes 9

No 9

(a) First appeal: (1) Name of the agency or court: (2) Date you filed: (3) Opinion or case number: (4) Result: (5) Date of result: (6) Issues raised:

Attach, if available, a copy of any brief filed on your behalf and a copy of the decision.

(b) Second appeal: (1) Name of the agency or court: (2) Date you filed: (3) Opinion or case number: (4) Result: (5) Date of result: (6) Issues raised:

Attach, if available, a copy of any brief filed on your behalf and a copy of the decision.

(c) Third appeal: (1) Name of the agency or court: (2) Date you filed: (3) Opinion or case number: (4) Result:

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(5) Date of result: (6) Issues raised:

Attach, if available, a copy of any brief filed on your behalf and a copy of the decision.

4.

If you did not appeal this decision to a higher agency or court, explain why you did not:

5.

Other than the appeals listed above, have you filed any other petitions, applications or motions concerning the issues raised in this petition? Yes 9 No 9 If yes, answer the following: (a) Name of the Agency or court: (b) Date you filed: (c) Opinion or case number: (d) Result: (e) Date of result: (f) Issues raised:

Attach, if available, a copy of any brief filed on your behalf and a copy of the decision.

6.

For this petition, state every ground on which you claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts supporting each ground.

CAUTION: To proceed in the federal court, you must ordinarily first exhaust (use up) any available administrative or judicial remedies on each ground on which you requested action by the federal court.

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GROUND ONE:

(a) Supporting FACTS (Do not argue or cite law. Just state the specific facts that support your claim.):

(b) Did you exhaust all available administrative or judicial remedies relating to Ground One? Yes 9 No 9 (c) If yes, did you present the issue to: 9 The Board of Immigration Appeals 9 The Office of General Counsel 9 The Parole Commission 9 The State Court 9 Other: (d) If you did not exhaust all available remedies relating to Ground One, explain why:

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GROUND TWO:

(a) Supporting FACTS (Do not argue or cite law. Just state the specific facts that support your claim.):

(b) Did you exhaust all available administrative or judicial remedies relating to Ground Two? Yes 9 No 9 (c) If yes, did you present the issue to: 9 The Board of Immigration Appeals 9 The Office of General Counsel 9 The Parole Commission 9 The State Court 9 Other: (d) If you did not exhaust all available remedies relating to Ground Two, explain why:

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GROUND THREE:

(a) Supporting FACTS (Do not argue or cite law. Just state the specific facts that support your claim.):

(b) Did you exhaust all available administrative or judicial remedies relating to Ground Three? Yes 9 No 9 (c) If yes, did you present the issue to: 9 The Board of Immigration Appeals 9 The Office of General Counsel 9 The Parole Commission 9 The State Court 9 Other: (d) If you did not exhaust all available remedies relating to Ground Three, explain why:

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GROUND FOUR:

(a) Supporting FACTS (Do not argue or cite law. Just state the specific facts that support your claim.):

(b) Did you exhaust all available administrative or judicial remedies relating to Ground Four? Yes 9 No 9 (c) If yes, did you present the issue to: 9 The Board of Immigration Appeals 9 The Office of General Counsel 9 The Parole Commission 9 The State Court 9 Other: (d) If you did not exhaust all available remedies relating to Ground Four, explain why:

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Please answer these additional questions about this petition: 7. Are you challenging your conviction or sentence in any of the grounds raised above? Yes 9 No 9 (Claims challenging a federal conviction or sentence may only be raised in a motion under 28 U.S.C. § 2255, unless the § 2255 motion is legally inadequate or ineffective. Claims raised by any state prisoner who has been convicted and sentenced must be raised in a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254.) If yes, answer the following: (a) Having you filed a motion under 28 U.S.C. § 2255? If yes, answer the following: (1) Name of court: (2) Case number: (3) Opinion or case number: (4) Result: (5) Date of result: (6) Issues raised: Yes 9 No 9

Attach, if available, a copy of any brief filed on your behalf and a copy of the decision.

(b) Explain why the remedy under § 2255 is inadequate or ineffective:

8. If this case concerns immigration removal proceedings, answer the following: (a) Date you were taken into immigration custody: (b) Date of removal or reinstatement order: (c) Did you file an appeal with the Board of Immigration Appeals? (1) Date you filed: (2) Case number: (3) Result: Yes 9 No 9

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(4) Date of result: (5) Issues raised:

Attach, if available, a copy of any brief filed on your behalf and a copy of the decision.

9. If this petition concerns your pre-trial custody by the State of Hawaii, answer the following: (a) Date you were arrested: (b) Charge(s) brought: (c) Projected date of your trial: (d) Are you represented by counsel? Yes 9 No 9 Yes 9 No 9

(e) Have you raised your claims in the State Court? (1) Name of Court: (2) Date you filed: (3) Case number: (4) Result: (5) Date of result: (6) Issues raised:

Attach, if available, a copy of any brief filed on your behalf and a copy of the decision.

10. Petitioner asks that the Court grant the following relief:

or any other relief to which Petitioner may be entitled. (Money damages are not available in habeas corpus cases.)

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I declare under penalty of perjury that the forgoing is true and correct and that this Petition for Writ (month, day, of Habeas Corpus was placed in the prison mailing system on year).

Signature of Petitioner

Signature of attorney, if any

Date

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