Introduction

Exhaustion of Administrative Remedies

If a person is in the custody of the military, then a petition for writ of habeas corpus can be filed on his behalf in the district court where the person is stationed.  Before the court will entertain jurisdiction, however, the petitioner will have to demonstrate that he (or she) has exhausted all internal administrative remedies to relieve the illegal situation.  Those remedies can't be sidestepped or ignored.  Thus, a record seeking relief inside the military must first be made, and only when the military fails to intervene or remedy the situation in a timely manner, can one go into federal court.