Can a federal prisoner file a habeas corpus petition pursuant to Section 2241?

MultiRegion, United States of America

The following excerpt is from Nguyen v. Matevousian, No. 2:15-cv-2572 AC P (E.D. Cal. 2019):

Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir. 1988) (quoting 28 U.S.C. 2255). "Under the savings clause of 2255, however, a federal prisoner may file a habeas corpus petition pursuant to 2241 to contest the legality of a sentence where his remedy under 2255 is 'inadequate or

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ineffective to test the legality of his detention.'" Hernandez v. Campbell, 204 F.3d 861, 864-65 (9th Cir. 2000) (quoting 28 U.S.C. 2255). "[A] 2241 petition is available under the 'escape hatch' of 2255 when a petitioner (1) makes a claim of actual innocence, and (2) has not had an 'unobstructed procedural shot' at presenting that claim." Stephens v. Herrera, 464 F.3d 895, 898 (9th Cir. 2006) (citations omitted).

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