Every person restrained of his or her liberty under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint. 010, Who may prosecute writ.Use this if you have a court order giving you custody of your child and the other parent has taken your child away from you. Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's confinement under color of law. Federal courts can hear challenges to state criminal convictions pursuant to petitions for a writ of habeas corpus. The Habeas Corpus Act of 1867 is an act of Congress that significantly expanded the jurisdiction of federal courts to issue writs of habeas corpus. The first of these arguments centers on habeas corpus as a common law creation. Noia, 372 U. S. 391, 404. Records relating to admiralty, civil, common law and equity, habeas corpus, and criminal cases, 1900-68.