Page:United States Statutes at Large Volume 80 Part 1.djvu/1140

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PUBLIC LAW 89-710-NOV. 2, 1966

[80 STAT.

Public Law 89-710 November 2, 1966

-^^ ACT

[H. R. 3993]

To authorize the issuance of certificates of citizenship in the Canal Zone.

t%^ic\452.'

Be H enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 101 (a) (38) of the Immigration and Nationality Act (66 Stat. 171; 8 I'.S.C. 1101 (a) (38)), is amended by adding thereto the following sentence: "For the purpose of issuing certificates of citizenship to persons Avho are citizens of the Ignited States, the term 'United States' as used "^ section 341 of this Act includes the Canal Zone." Approved November 2, 1966. ^

Public Law 89-711 November 2, 1966

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"ta^rcus°o'dy.^' 6 2 Stat. 965.

AN ACT

Relating to applications for writs of liabeas corpus by persons in custody pursuant to judgments of State courts.

Be it enacted by the Senate and House of Representatives of the Vnitcd States of America In Congress assembled. That section 2244 of title 28, I^uitcd States Code, is amended (a) by inserting at the beginning of the text thereof the subsection designation " (a) ", (b) by striking out of such section the words ", or of any State," and (c) by inserting in such section at the end thereof two additional subsections to read as follows: " (b) When after an evidentiary hearing on the merits of a material factual issue, or after a hearing on the merits of an issue of law, a person in custody pursuant to the judgment of a State court has been denied by a court of the United States or a justice or judge of the United States release from custody or other remedy on an application for a writ of habeas corpus, a subsequent application for a writ of habeas corpus in behalf of such person need not be entertained by a court of the United States or a justice or judge of the United States unless the application alleges and is predicated on a factual or other ground not adjudicated on the hearing of the earlier application for the writ, and unless the court, justice, or judge is satisfied that the applicant has not on the earlier application deliberately withheld the newly asserted ground or otherwise abused the writ. "(c) I n a habeas corpus proceeding brought in behalf of a person in custody pursuant to the judgment of a State court, a prior judgment of the Supreme Court of the United States on an appeal or review by a writ of certiorari at the instance of the prisoner of the decision of such State court, shall be conclusive as to all issues of fact or law with respect to an asserted denial of a Federal right which constitutes ground for discharge in a habeas corpus proceeding, actually adjudicated by the Supreme Court therein, unless the applicant for the writ of habeas corpus shall plead and the court shall find the existence of a material and controlling fact which did not appear in the record of the proceeding in the Supreme Court and the court shall further find

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