What is the difference between a criminal and a civil habeas?
The following excerpt is from Mapp v. Reno, 241 F.3d 221 (2nd Cir. 2000):
7. Of course, all habeas corpus actions are civil in nature. See, e.g., Fisher v. Baker, 203 U.S. 174, 181 (1906). The distinction drawn here by appellant, between "criminal" and "civil" habeas must, therefore, mean to distinguish between the different kinds of proceedings that triggered a habeas petitioner's incarceration from which relief is sought - a criminal trial in the former case, and a civil deportation hearing in the latter.
7. Of course, all habeas corpus actions are civil in nature. See, e.g., Fisher v. Baker, 203 U.S. 174, 181 (1906). The distinction drawn here by appellant, between "criminal" and "civil" habeas must, therefore, mean to distinguish between the different kinds of proceedings that triggered a habeas petitioner's incarceration from which relief is sought - a criminal trial in the former case, and a civil deportation hearing in the latter.
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