---
kind: "section"
citation: "28 U.S.C. § 2242"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "2242"
heading: "Application"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/2242"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 153 — Habeas Corpus"
---

# §2242. Application


Application for a writ of habeas corpus shall be in writing signed and verified by the [person](/usc/28/3002.md?p=10) for whose relief it is intended or by someone acting in his behalf.

It shall allege the facts concerning the applicant’s commitment or detention, the name of the [person](/usc/28/3002.md?p=10) who has custody over him and by virtue of what claim or authority, if known.

It may be amended or supplemented as provided in the rules of procedure applicable to civil actions.

If addressed to the Supreme [Court](/usc/28/3002.md?p=2), a justice thereof or a circuit judge it shall [state](/usc/28/3002.md?p=14) the reasons for not making application to the district [court](/usc/28/3002.md?p=2) of the district in which the applicant is held.


## Source credit

(June 25, 1948, ch. 646, 62 Stat. 965.)

## Notes

### Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 454 (R.S. § 754).

Words “or by someone acting in his behalf” were added. This follows the actual practice of the courts, as set forth in United States ex rel. Funaro v. Watchorn, C.C. 1908, 164 F. 152; Collins v. Traeger, C.C.A. 1928, 27 F.2d 842, and cases cited.

The third paragraph is new. It was added to conform to existing practice as approved by judicial decisions. See Dorsey v. Gill (App.D.C.) 148 F.2d 857, 865, 866. See also Holiday v. Johnston, 61 S.Ct. 1015, 313 U.S. 342, 85 L.Ed. 1392.

Changes were made in phraseology.