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2026-07-06 10:51:44 -04:00

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LegalText 28 U.S.C. § 2251 Stay of State court proceedings us united_states_code code_section 28 JUDICIARY AND JUDICIAL PROCEDURE 153 HABEAS CORPUS 2251 28 U.S.C. § 2251 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip /us/usc/t28/s2251 data/legal/raw/us/code/title-28/usc28.xml 7e71d81aef9661f29df604d753f25d5da1f79ad2f778fb9311d77d6072ae4c06 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf 8b6ce7ce28aed07825cff0445823c125539877edc419e7d16b0135651ad5ae67 2026-07-04 official
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28 U.S.C. § 2251 - Stay of State court proceedings

Text

(a) In General.— (1) Pending matters.— A justice or judge of the United States before whom a habeas corpus proceeding is pending, may, before final judgment or after final judgment of discharge, or pending appeal, stay any proceeding against the person detained in any State court or by or under the authority of any State for any matter involved in the habeas corpus proceeding.

(2) Matter not pending.— For purposes of this section, a habeas corpus proceeding is not pending until the application is filed.

(3) Application for appointment of counsel.— If a State prisoner sentenced to death applies for appointment of counsel pursuant to section 3599(a)(2) of title 18 in a court that would have jurisdiction to entertain a habeas corpus application regarding that sentence, that court may stay execution of the sentence of death, but such stay shall terminate not later than 90 days after counsel is appointed or the application for appointment of counsel is withdrawn or denied.

(b) No Further Proceedings.— After the granting of such a stay, any such proceeding in any State court or by or under the authority of any State shall be void. If no stay is granted, any such proceeding shall be as valid as if no habeas corpus proceedings or appeal were pending.

(June 25, 1948, ch. 646, 62 Stat. 966; Pub. L. 109177, title V, § 507(f), Mar. 9, 2006, 120 Stat. 251.)

Notes

Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 465 (R.S. § 766; Mar. 3, 1893, ch. 226, 27 Stat. 751; Feb. 13, 1925, ch. 229, § 8(c), 43 Stat. 940; June 19, 1934, ch. 673, 48 Stat. 1177). Provisions relating to proceedings pending in 1934 were deleted as obsolete. A provision requiring an appeal to be taken within 3 months was omitted as covered by sections 2101 and 2107 of this title. Changes were made in phraseology.

Editorial Notes

Amendments2006—Pub. L. 109177 designated first par. of existing provisions as subsec. (a)(1) and inserted headings, added pars. (2) and (3), and designated second par. of existing provisions as subsec. (b) and inserted heading.

Statutory Notes and Related Subsidiaries

Effective Date of 2006 AmendmentPub. L. 109177, title V, § 507(d), Mar. 9, 2006, 120 Stat. 251, provided that: “(1) In general.—This section [enacting section 2265 of this title, amending this section and sections 2261 and 2266 of this title, and repealing former section 2265 of this title] and the amendments made by this section shall apply to cases pending on or after the date of enactment of this Act [Mar. 9, 2006]. “(2) Time limits.—In a case pending on the date of enactment of this Act, if the amendments made by this section establish a time limit for taking certain action, the period of which began on the date of an event that occurred prior to the date of enactment of this Act, the period of such time limit shall instead begin on the date of enactment of this Act.”