Summary
This order from the United States District Court for the Southern District of New York addresses a habeas corpus petition filed by Mariam Kamel against several DHS and ICE officials. Judge J. Paul Oetken determines that proper jurisdiction and venue lie in the District of New Jersey, where the petitioner was confined at the time of filing. Consequently, the case is transferred to New Jersey pursuant to 28 U.S.C. § 1406(a), while maintaining the existing injunction against the petitioner's removal until the transferee court rules otherwise.
Topics
Practice areas
Questions Presented
- Whether jurisdiction and venue lie in the District of New Jersey for the habeas petition.
Holdings
- The Court holds that jurisdiction and venue properly lie in the United States District Court for the District of New Jersey and transfers the case there.
Key quotations
“the Court finds that jurisdiction and venue in this habeas corpus action brought under 28 U.S.C. § 2241 properly lie in the United States District Court for the District of New Jersey”
Factual background
Petitioner was confined in the District of New Jersey at the time the habeas petition was filed.
Procedural history
Petitioner filed a habeas petition in the Southern District of New York; the court considered jurisdiction and venue and ordered transfer to the District of New Jersey.
Remand instructions
The case is transferred to the United States District Court for the District of New Jersey; the clerk is directed to transfer immediately and the seven‑day waiting period in Local Rule 83.1 is waived.