Ernesto Arturo Millan Lopez v. Kevin Raycraft, Director of Enforcement and Removal Operations, Detroit Field Office, U.S. Immigration and Customs Enforcement, Kristi Noem, Secretary, U.S. Department of Homeland Security, Pamela Bondi, U.S. Attorney General, and Executive Office for Immigration Review

Summary

The United States District Court for the Eastern District of Michigan transfers a 28 U.S.C. § 2241 habeas petition to the Western District of Michigan. The court concludes that jurisdiction over a core habeas petition challenging present physical confinement lies in the district of confinement, where the petitioner was detained.

Holdings

1. A core habeas petition challenging present physical confinement must be heard in the single federal district where the petitioner is confined; here, that district is the Western District of Michigan.
2. Transfer of the habeas petition to the district of confinement is the appropriate procedure when the petition was filed in the wrong federal district.

Questions Presented

1. Whether a core habeas petition challenging present physical confinement must be filed in the federal district where the petitioner is confined.
2. Whether the Eastern District of Michigan should transfer rather than retain a § 2241 petition filed by an immigration detainee confined within the Western District of Michigan.

Disposition

other