<P> Habeas corpus (/ ˈheɪbiəs ˈkɔːrpəs /) is a recourse in law challenging the reasons or conditions of a person's confinement under color of law . A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions . The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it ." </P> <P> United States law affords persons the right to petition the federal courts for a writ of habeas corpus . Individual states also afford persons the ability to petition their own state court systems for habeas corpus pursuant to their respective constitutions and laws when held or sentenced by state authorities . </P>

According to the constitution a writ of habeas corpus may not be suspended except under