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APPENDIX A

28 U. S. C. § 2253. Appeal⁽¹⁾

     (a) In a habeas corpus proceeding or a proceeding under section 2255 before a circuit or district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit where in which the proceeding is had held.

     (b) There shall be no right of appeal from such an a final order in a proceeding to test the validity of a warrant to remove, to another district or place for commitment or trial, a person charged with a criminal offense against the United States, or to test the validity of his such person's detention pending removal proceedings.

     (c)(1) Unless a circuit justice or judge issues a certificate of appealability, an An appeal may not be taken to the court of appeals from--

     (A) the final order in a habeas corpus proceeding where in which the detention complained of arises out of process issued by a State court ,unless the justice or judge who rendered the order or a circuit justice or judge issues a certificate of probable cause.; or

     (B) the final order in a proceeding under section 2255.

     (2) A certificate of appealability may issue under paragraph (1) only if the applicant has made a substantial showing of the denial of a constitutional right.

     (3) The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2).

 

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1. As amended April 24, 1996, by the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, §102, 110 Stat. 1214, 1217-1218. Added language is in italics, and deleted language is in strikeout type.

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