Where Do You File a § 2241 Petition, and Whom Do You Name?

Update (October 2026): Since this post was written, the Supreme Court has made § 2241 even harder to use for attacks on a conviction or sentence. In Jones v. Hendrix, 599 U.S. 465 (2023), the Court held that § 2241 is not a way around the limits on second or successive 2255 motions. For most federal prisoners, a challenge to a conviction or sentence must be brought by a 2255 motion in the court that sentenced you. Section 2241 is still used for claims about how a sentence is being carried out, such as time credits.

A prisoner who claims to be in custody in violation of the Constitution, laws, or treaties of the United States may seek a writ of habeas corpus under 28 U.S.C. § 2241. If you file a § 2241 petition, you must file it in the federal district where you are held. You must also name your "immediate custodian," usually the warden. The Supreme Court calls this the "immediate custodian rule." See Rumsfeld v. Padilla, 542 U.S. 426 (2004).

A 2017 case shows what happens when a prisoner files somewhere else.

Roger Day's case

Roger Day Jr. was charged in the Eastern District of Virginia with:

• one count of conspiracy to commit wire fraud (18 U.S.C. § 1343)
• three counts of aggravated identity theft (18 U.S.C. § 1028A)
• one count of conspiracy to commit money laundering (18 U.S.C. § 1956)
• one count of conspiracy to smuggle goods (18 U.S.C. §§ 371 and 554)
• one count of obstruction of justice (18 U.S.C. § 1503)

He was extradited from Mexico to face all of those charges except the three identity theft counts and the obstruction count.

He was found guilty of the charges covered by the extradition and sentenced to 1,260 months. At sentencing, on appeal, and in his 2255 motion, he argued that he was tried on charges Mexico had not agreed to. This is called the "rule of specialty." Each court found he was convicted only of charges covered by the extradition.

Why the D.C. courts dismissed his § 2241 petition

Day was held at the federal prison in Terre Haute, Indiana. But he filed his § 2241 petition in Washington, DC. He named the President as his custodian.

The DC district court dismissed the case for lack of jurisdiction. His custodian was the Terre Haute warden, not the President or the Attorney General. The D.C. Circuit agreed.

Day argued that the immediate custodian rule does not apply when a prisoner challenges something other than his physical confinement. The court rejected that:

Appellant argues that even though Padilla reminds us that 'the immediate physical custodian rule' is the default choice, that rule, 'by its terms, does not apply when a habeas petitioner challenges something other than his present physical confinement.' While this may be true, it is also irrelevant. No matter how much lipstick appellant applies to this particular pig, it is still a pig—that is to say, a petition for habeas corpus: He is in custody under a conviction that he argues was obtained in violation of law, and he seeks to be released.

Day was in custody, he said his conviction was unlawful, and he wanted out. That is a challenge to his physical confinement. The court went on:

Day's problem is that he challenges his present physical confinement. Were the courts in the District of Columbia to hear his petition and nod gravely to his argument that the President should have done something differently, he would still be confined and we would have granted no petition. The dual custody exception does not apply. No other exception applies. The immediate custodian rule does apply. See Day v. Trump, 860 F.3d 686 (D.C. Cir. 2017).

Where to file and whom to name

File a § 2241 petition in the district where you are held, and name the warden. Filing in the wrong place, or naming the wrong person, can get your case thrown out.

If your § 2241 is about how the BOP (Federal Bureau of Prisons) is carrying out your sentence, such as time credits, most courts expect you to go through the BOP's administrative remedy process first. See 28 C.F.R. part 542. Keep copies of every form and response.

Facing a federal sentence? Book a consultation to talk it through with Brandon Sample.