A habeas corpus petition is used to argue that a person is being unlawfully held in custody, and should be released. The following steps should be followed when filing a Petition for Writ of Habeas Corpus. 1.Go to Civil on the blue bar located at the top of the screen. A writ of habeas corpus requires that a person who is in custody be brought before a judge or court and that they be able to challenge that custody. First, a U.S.C. § 2254 allows us to file a petition for Habeas Corpus when the client is in custody under sentence of a state court and is in a state prison. Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. The privilege of the writ of habeas corpus shall not be suspended. Sec. 22. Modes of prosecution. Federal Court Interpreters Interpreters ensure that justice is carried out fairly for defendants and other stakeholders. Com, we pride ourselves on being the number one source of free legal information and resources on the web.