Section 35 Hearing

• Library: Remedies 2006

Under 28 U.S.C. § 2243, unless it appears that the person detained is not entitled to relief, the court is to either:

• award the writ of habeas corpus; or
• order the respondent to show cause why the writ should not be granted

The writ or order to show cause is directed to the respondent and must be returned within 3 days unless additional time—not to exceed 20 days—is allowed for good cause. The respondent must “make a return certifying the true cause of the detention.” When the writ or order is returned, a hearing date within 5 days is set unless additional time is allowed for good cause. Id.

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