Petition for a Writ of Habeas Corpus under 28 USC 2241. Category Representing Yourself (Pro Se).The Habeas Corpus petition claims the arrest, sentence, or trial violated constitutional law, making imprisonment unlawful. To file a prolonged detention habeas petition, you must argue that the U.S.. Constitution itself requires that you be give a bond hearing before an Immigration. To get a writ of habeas corpus, you must file a petition for a civil (not criminal) proceeding in either state or federal court. A habeas petition is used when one is contesting the validity of their sentence or conviction. The Memorandum is to provide legal support for your Petition for a Writ of Habeas Corpus and provides required personal information in addition to the form. Petition for Writ of Habeas Corpus. Case is a "petition for habeas corpus," so you are called the "Petitioner" because you are petitioning the court for your release. "Noncitizen". The law in the area is an intricate weave of statute and case law.