28 U.S.C. § 2253. Appeal
- (a)(a)In a habeas corpus proceeding or a proceeding under section 2255 before a district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit in which the proceeding is held.
- (b)(b)There shall be no right of appeal from 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 such person’s detention pending removal proceedings.
- (c)(c)
- (1)(c)(1)
Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from—
- (A)(c)(1)(A)the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or
- (B)(c)(1)(B)the final order in a proceeding under section 2255.
- (2)(c)(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)(c)(3)The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2).
(June 25, 1948, ch. 646, 62 Stat. 967; May 24, 1949, ch. 139, § 113, 63 Stat. 105; Oct. 31, 1951, ch. 655, § 52, 65 Stat. 727; Pub. L. 104–132, title I, § 102, Apr. 24, 1996, 110 Stat. 1217.)