No court or judge of the United States has exclusive jurisdiction to order the child(ren) released. 16. 1. Notice of appeal 2.To get a writ of habeas corpus, you must file a petition for a civil (not criminal) proceeding in either state or federal court. No. PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM. Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. If the petitioner has sufficient funds, the petition shall be filed with the Clerk of the Circuit Court, Criminal Division, and the filing fee shall be paid. A petition for a writ of habeas corpus is a case filed in court, either state or federal court depending on jurisdiction. Case is a "petition for habeas corpus," so you are called the "Petitioner" because you are petitioning the court for your release. "Noncitizen". That you will need to fill out. Before e-filing any "flattened" form, be sure to open the file to make sure that it looks filled out.