Habeas corpus—also known as the Great Writ—is the legal procedure that prevents the federal government from arresting and holding (in prison) a person indefinitely without showing cause for detaining the person. This Latin term is pronounced "Hay-bee-us Corp-us."

A person detained by the federal government may challenge their detention by filing a habeas corpus petition—which then requires the government to explain to a neutral judge the justification for detaining the person. A habeas petition is prosecuted or litigated as a civil (noncriminal) matter against the government agent (usually the prison warden) who holds the defendant in custody.

The Founders of the United States who wrote the U.S. Constitution believed so strongly in this protection against government overreach they included it in the first article of the Constitution (Article I, Section 9, Clause 2).

In North Carolina, as in all states, the principle of habeas corpus is a critical component of the legal system, providing a means to challenge unlawful detention. This legal procedure is enshrined in the U.S. Constitution and is applicable to both federal and state detentions. When a person is detained by the federal government, they have the right to file a habeas corpus petition, which compels the government to present a valid reason for the individual's imprisonment before a neutral judge. The petition is treated as a civil action against the government official, typically the prison warden, responsible for the detainee's custody. The writ of habeas corpus serves as a safeguard against indefinite detention without just cause and is a fundamental right designed to prevent government overreach. In North Carolina, federal habeas corpus petitions are filed in the federal district court that has jurisdiction over the area where the detainee is being held.