Please complete the fields below to schedule a free consultation with a skilled attorney. 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.The "Great Writ" of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody. Habeas Corpus is technically defined as "may you have the body. A Writ of Habeas Corpus is a civil proceeding that is available in both State and Federal Court to challenge the legality of imprisonment. If you want to challenge your immigration detention or other immigration related issues, you should use the form Petition for a Writ of Habeas Corpus under 28. General Forms ; GF-21a. Address Confidentiality Order. This Chapter discusses how the writ of habeas corpus is applied in three states: Florida, New York, and Michigan.