What Is a 2241 Form and How to File It?

A federal petition under 28 U.S.C. § 2241 is a legal action, known as a writ of habeas corpus, through which a person can report an unlawful imprisonment to a federal court. The petition is primarily used by individuals already in federal custody to challenge the execution of their sentence or the specific conditions of their confinement. It is not a tool to relitigate guilt or innocence or to challenge the original judgment of the court.

Instead, a 2241 petition addresses issues that arise after a conviction and sentencing have become final. It focuses on the administration of a person’s sentence by the authorities, most commonly the federal Bureau of Prisons (BOP). For example, if a prisoner believes their release date has been miscalculated, this petition would be the appropriate vehicle to bring that claim before a judge. The core purpose is to ensure that while the sentence itself may be valid, the manner in which it is being carried out is lawful and constitutional.

Grounds for Filing a Petition

A petition filed under 28 U.S.C. § 2241 is appropriate only for specific types of claims related to how a federal sentence is being implemented. These petitions are not a second chance at an appeal or a way to introduce new evidence about the original criminal case. The claims must directly challenge the lawfulness of the custody based on actions taken by the imprisoning authority, which is typically the Bureau of Prisons.

Common grounds include disputes over the calculation of a sentence, where a prisoner alleges the BOP has not correctly determined their release date based on the court’s judgment. Another frequent basis for a 2241 petition involves the administration of sentence credits. Federal prisoners can earn credits for good conduct or for completing certain rehabilitative programs, which can shorten their time in custody. If the BOP revokes these credits in a manner the prisoner believes is improper or miscalculates the amount of credit earned, a petition can be filed to have a court review the decision.

Similarly, challenges to decisions made by parole boards, such as the denial of parole or the process of a revocation hearing, can be raised through this legal action. Claims may also arise from the conditions of confinement if they are alleged to be unconstitutional, although these often overlap with other types of civil rights lawsuits.

A primary distinction to understand is the difference between a § 2241 petition and a motion under 28 U.S.C. § 2255. A § 2255 motion is the primary method for a federal prisoner to attack the validity of their conviction or sentence, arguing, for example, that their trial counsel was ineffective or that their sentence was based on a legal error by the sentencing court.

In contrast, a § 2241 petition presumes the conviction and sentence are valid but contests the subsequent execution of that sentence. For instance, a claim that a conviction was unconstitutional would be brought under § 2255 in the court that originally imposed the sentence. A claim that the BOP is not properly applying earned time credits under the First Step Act would be brought under § 2241 in the federal court district where the prisoner is currently held. This geographical difference is a direct consequence of the nature of the claim: a § 2255 motion challenges the judgment of the sentencing court, while a § 2241 petition challenges the actions of the custodian (the warden), who is located in the district of confinement.

Information and Documents Needed for Form 2241

Preparing to file a petition under 28 U.S.C. § 2241 requires careful gathering of information and supporting documents. The official form for this action is Form AO 242, titled “Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241,” which is available on the U.S. Courts website. The form must be filled out completely and accurately, as omissions or errors can lead to its rejection. The first section requires the petitioner’s personal information, including their full name, prisoner identification number, and the name and location of the institution where they are confined.

The form then requires the petitioner to identify the respondent. In a § 2241 action, the respondent is the individual who has custody of the petitioner, which is almost always the warden of the correctional facility. It is important to name the correct person, as this is the official who will be legally required to answer the petition. Following this, the petitioner must provide details about the decision or action they are challenging, such as a disciplinary proceeding, a sentence calculation, or a parole decision.

A significant portion of the form is dedicated to the “Grounds for Relief.” Here, the petitioner must state every reason they believe their confinement is unlawful. For each ground, the petitioner must provide the specific facts that support the claim. This section should be a clear and concise narrative of what happened, when it happened, and why it violates a constitutional right or federal law. It is not the place for legal arguments or citations to case law.

Exhausting Administrative Remedies

Before filing the petition, a petitioner must typically exhaust all available administrative remedies. This means they must have first tried to resolve the issue through the BOP’s own internal grievance process. This process involves a specific series of forms, starting with an informal complaint (often a BP-8 form), followed by:

• A formal Request for Administrative Remedy to the warden (Form BP-9).
• An appeal to the regional director (Form BP-10).
• A final appeal to the BOP’s General Counsel (Form BP-11).

The final appeal to the General Counsel must be submitted within 30 calendar days from the date the regional director signed their response. Copies of all these filings and the responses received at each level are documents that must be attached to the § 2241 petition. Other supporting documents could include the original judgment of conviction, sentence computation sheets from the BOP, and any relevant court orders or administrative decisions.

The Filing and Post-Filing Process

Once the petition form and all supporting documents are complete, the package is ready for submission to the correct federal court. A petition under 28 U.S.C. § 2241 must be filed in the United States District Court for the federal judicial district where the petitioner is incarcerated. This is because the petition challenges the actions of the custodian (the warden), and that court has jurisdiction over individuals within its geographic boundaries. The petitioner must mail the original, signed petition and any attachments to the clerk of that specific district court.

Upon filing, there is a statutory filing fee of $5. For petitioners who cannot afford this fee, there is a specific procedure to request a waiver. This is done by filing a separate form, AO 240, titled “Application to Proceed in District Court Without Prepaying Fees or Costs.” This application, often called an in forma pauperis application, requires the petitioner to declare under penalty of perjury that they are unable to pay the fee. A prisoner filing this application must also submit a certified copy of their inmate trust fund account statement for the previous six months, which is obtained from an official at the correctional facility.

After the petition is filed and the fee is either paid or waived, the court begins its review. A judge will conduct a preliminary examination of the petition. If it plainly appears from the face of the petition and any exhibits that the petitioner is not entitled to relief, the court may dismiss it without requiring any response from the government.

If the petition is not dismissed at this initial stage, the court will order the respondent (the warden) to file an answer. The court will serve the petition and its order on the respondent and the appropriate United States Attorney’s Office. The government’s response will address the petitioner’s claims and present legal arguments as to why the petition should be denied. The petitioner is then typically given an opportunity to file a reply to the government’s response, after which the court will make a final decision on the merits of the claims.