---
kind: "section"
citation: "28 U.S.C. § 2263"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "2263"
heading: "Filing of habeas corpus application; time requirements; tolling rules"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/2263"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 154 — Special Habeas Corpus Procedures in Capital Cases"
---

# §2263. Filing of habeas corpus application; time requirements; tolling rules

- (a) Any application under this chapter for habeas corpus relief under [section 2254](/usc/28/2254.md) must be filed in the appropriate district [court](/usc/28/3002.md?p=2) not later than 180 days after final [State](/usc/28/3002.md?p=14) [court](/usc/28/3002.md?p=2) affirmance of the conviction and sentence on direct review or the expiration of the time for seeking such review.
- (b) The time requirements established by [subsection (a)](#a) shall be tolled—
  - (1) from the date that a petition for certiorari is filed in the Supreme [Court](/usc/28/3002.md?p=2) until the date of final disposition of the petition if a [State](/usc/28/3002.md?p=14) prisoner files the petition to secure review by the Supreme [Court](/usc/28/3002.md?p=2) of the affirmance of a capital sentence on direct review by the [court](/usc/28/3002.md?p=2) of last resort of the [State](/usc/28/3002.md?p=14) or other final [State](/usc/28/3002.md?p=14) [court](/usc/28/3002.md?p=2) decision on direct review;
  - (2) from the date on which the first petition for post-conviction review or other collateral relief is filed until the final [State](/usc/28/3002.md?p=14) [court](/usc/28/3002.md?p=2) disposition of such petition; and
  - (3) during an additional period not to exceed 30 days, if—
    - (A) a motion for an extension of time is filed in the Federal district [court](/usc/28/3002.md?p=2) that would have jurisdiction over the case upon the filing of a habeas corpus application under [section 2254](/usc/28/2254.md); and
    - (B) a showing of good cause is made for the failure to file the habeas corpus application within the time period established by this section.

## Source credit

(Added Pub. L. 104–132, title I, § 107(a), Apr. 24, 1996, 110 Stat. 1223.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section applicable to cases pending on or after Apr. 24, 1996, see section 107(c) of Pub. L. 104–132, set out as a note under section 2261 of this title.