In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's confinement under color of law. Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration.Chapter 248: HABEAS CORPUS AND PERSONAL LIBERTY. A: Asking the court to order the entity holding someone (usually, the jail) to bring the person before the court. If you want to challenge a federal judgment that imposed a sentence to be served in the future, you should file a motion under 28 U.S.C. § 2255 in the federal. A Writ of Habeas Corpus literally means bring the body before the court, and therefor the state needs to prove why the detention is proper. The "Great Writ" of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. If you are referring to seeking a federal writ of habeas corpus, usually the answer is appeal then writ. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a writ of habeas corpus.