The Sixth Circuit has slowly trended towards embracing the concept of inherent equitable authority to supplement the appellate record, and, in particular, has recently exercised the power in reviewing habeas petitions
time habeas petitions
are not absolute where there is a claim of actual
Costner, (153) in which the Fourth Circuit reviewed a district court decision denying the government's motion to dismiss a Romanian citizen's habeas petition
that sought to block his extradition to Romania on the ground that he credibly feared torture if extradited.
The specific facts before the Court concerned Tony Saffold, who filed a federal habeas petition
challenging his California state conviction and who was seeking tolling of AEDPA's statute of limitations for the period of time in which he had sought California state habeas relief.
58) In light of the government's decision not to challenge the Parhat ruling, (59) the detainees subsequently filed habeas petitions
, arguing that, given the absence of authority for their continued detention, they were entitled to be released.
45) The DC Circuit, however, made clear in its February 20, 2007, decision in Boumediene that the Military Commissions Act applied to the detainees' habeas petitions
41) The court appropriately read the MCA to require a two-step process for removing a case from the court's jurisdiction, and the government's failure to complete the second step allowed the court to retain jurisdiction over al-Marri's habeas petition
the Guantanamo Bay Base, filed a habeas petition
in the U.
The Supreme Court, in a 5-4 decision, with the majority opinion written by Scalia, concluded that the New York court lacked jurisdiction to hear Padilla's case because a person must bring a habeas petition
where he or she is being detained, against the person immediately responsible for the detention.
until April 23, 1997, to file his or her federal habeas petition
excluding any time during which a "properly filed" application for collateral relief was "pending.
Townsend filed a second federal habeas petition
It was clear from the opinion that the court wants to avoid having to give substantive review to every death-row habeas petition