Federal Habeas Corpus: Section 2241

Federal Habeas Corpus: Section 2241 refers to the statutory remedy codified at 28 U.S.C. § 2241 that permits a person in federal custody to challenge the legality of that custody or the manner in which a federal sentence is being executed. Unlike 28 U.S.C. § 2255 (which addresses constitutional errors in the conviction or sentence imposed by the sentencing court), a § 2241 petition is filed in the federal district of confinement and is typically used for execution-of-sentence claims, detention by authorities other than the BOP, or challenges that fall outside the scope of § 2255. Relief under § 2241 is available only when the petitioner demonstrates that the remedy under § 2255 is “inadequate or ineffective to test the legality of his detention” (the “savings clause”).

Common § 2241 claims in the BOP context include miscalculation of sentence credits, improper denial of placement in a Residential Reentry Center or home confinement, wrongful disciplinary sanctions that extend confinement, and challenges to the validity of detention orders for immigration or material-witness cases. Exhaustion of BOP administrative remedies is required before filing.

Summary

A § 2241 petition is the primary vehicle for federal prisoners to obtain judicial review of the execution of their sentences rather than the validity of the underlying conviction. Jurisdiction lies in the district where the petitioner is confined, not the sentencing district. The petition may be filed pro se and carries a $5.00 filing fee (or in forma pauperis waiver). Relief is limited to immediate or speedier release, recalculation of release date, or correction of unlawful conditions of confinement that directly affect the fact or duration of custody.

The Antiterrorism and Effective Death Penalty Act (AEDPA) does not impose the same strict second-or-successive restrictions on § 2241 petitions that apply to § 2255 motions, but successive § 2241 claims on the same grounds are usually barred by abuse-of-the-writ doctrine. The Supreme Court’s decision in Bruhner v. United States (2021) clarified that the § 2255(e) savings clause is available only in rare circumstances involving statutory-interpretation claims that could not have been raised earlier.

Jurisdiction and Venue

• Filed in the federal district of current confinement
• Proper respondent is the warden of the facility
• No requirement to name the United States or Attorney General unless seeking broader relief

Common Grounds for Relief

• Erroneous calculation of good-conduct time, jail credit, or First Step Act credits
• Denial of nunc pro tunc designation or prior-custody credit
• Improper revocation of supervised release or refusal to grant early termination
• Disciplinary sanctions that resulted in loss of good-conduct time without due process
• Challenges to BOP’s application of the CARES Act home-confinement authority (post-2022)
• Immigration-related detention by federal authorities

Exhaustion Requirement

Petitioners must fully exhaust the BOP Administrative Remedy Process (BP-8 through BP-11) unless exhaustion would be futile or the issue is purely legal. Courts routinely dismiss unexhausted § 2241 petitions.

Savings Clause and § 2255(e)

A federal prisoner may proceed under § 2241 instead of § 2255 only if § 2255 is “inadequate or ineffective.” After Jones v. Hendrix (2023), this pathway is essentially closed for most new statutory or constitutional claims that could have been raised on direct appeal or initial § 2255 motion.

Terminology

• § 2241 – General federal habeas statute for challenges to execution of sentence or current custody
• § 2255 – Motion to vacate, set aside, or correct sentence filed in the sentencing court
• Savings Clause (§ 2255(e)) – Narrow exception allowing § 2241 when § 2255 is inadequate or ineffective
• Execution of Sentence – How, where, and under what conditions the sentence is carried out
• Nunc Pro Tunc Designation – Retroactive designation of state facility for federal sentence service to grant concurrent credit
• Futile Exhaustion – Judicially recognized exception when BOP has predetermined the issue

Additional Resources

• 28 U.S.C. § 2241 – Full Text (Cornell LII)
• Form AO 242 – Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 (PDF)
• Federal Defender § 2241 Practice Advisory (2024)
• BOP Administrative Remedy Instructions (required exhaustion)