Hohn v. United States, 524 U.S. 236, 6 (1998)

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Cite as: 524 U. S. 236 (1998)

Opinion of the Court

case; and since Hohn and the Government both argue in favor of our jurisdiction, we appointed an amicus curiae to argue the contrary position. 522 U. S. 944 (1997).

II

Title 28 U. S. C. § 1254 is the statute most often invoked for jurisdiction in this Court. It provides in relevant part:

"Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:

"(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree."

The first phrase of the quoted statute confines our jurisdiction to "[c]ases in" the courts of appeals. Nixon v. Fitzgerald, 457 U. S. 731, 741-742 (1982). The question is whether an application for a certificate meets the description.

There can be little doubt that Hohn's application for a certificate of appealability constitutes a case under § 1254(1). As we have noted, "[t]he words 'case' and 'cause' are constantly used as synonyms in statutes . . . , each meaning a proceeding in court, a suit, or action." Blyew v. United States, 13 Wall. 581, 595 (1872). The dispute over Hohn's entitlement to a certificate falls within this definition. It is a proceeding seeking relief for an immediate and redressable injury, i. e., wrongful detention in violation of the Constitution. There is adversity as well as the other requisite qualities of a "case" as the term is used in both Article III of the Constitution and the statute here under consideration. This is significant, we think, for cases are addressed in the ordinary course of the judicial process, and, as a general rule, when the district court has denied relief and applicable requirements of finality have been satisfied, the next step is review in the court of appeals. That the statute permits the certificate to be issued by a "circuit justice or judge" does not mean the action of the circuit judge in denying the cer-

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