What is the test for filing a habeas corpus petition in federal court?

MultiRegion, United States of America

The following excerpt is from Knight v. White, 122 F.3d 1072 (9th Cir. 1997):

Generally, a state prisoner must exhaust available state remedies before filing a habeas corpus petition in federal court. See 28 U.S.C. 2254(b), (c) (1994). In order to satisfy this exhaustion requirement, the petitioner must (1) have "fairly presented" each claim "to the highest state court with jurisdiction to consider it," or (2) show "that no state remedy remains available." See Johnson v. Zenon, 88 F.3d 828, 829 (9th Cir.1996) (internal quotations omitted). Fair presentation requires that each claim be presented to the state's highest court in a manner allowing the court to address the claim on the merits. See James, 24 F.3d at 24. If one or more claims in the petition have not been exhausted the district court must dismiss the entire petition. See id.

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