Hao Huy Phan v. Warden of the Otay Mesa Detention Facility, et al.

Summary

The United States District Court for the Eastern District of California ordered the transfer of Hao Huy Phan’s 28 U.S.C. § 2241 habeas petition to the Southern District of California. The court concluded that the petition challenged detention in San Diego County and that the Eastern District lacked jurisdiction over the out-of-district custodian.

Holdings

1. For a core habeas petition, the petitioner must name the immediate custodian—the warden of the facility where the petitioner is detained—as the respondent, and the district court with jurisdiction is the district where that custodian is located. The Eastern District of California therefore lacked jurisdiction over the out-of-district warden.
2. When a federal case is filed in the wrong district, the court may transfer it to the proper district in the interest of justice under 28 U.S.C. § 1631.

Questions Presented

1. Whether the Eastern District of California had jurisdiction over a core habeas petition challenging detention when the petitioner was confined in San Diego County and the named respondent was the warden of an out-of-district facility.
2. Whether the court should transfer the petition to the Southern District of California under 28 U.S.C. § 1631.

Disposition

other