M.C.C. v. Warden, Stewart Detention Center, et al.

Summary

The United States District Court for the Middle District of Georgia ordered the transfer of a 28 U.S.C. § 2241 petition challenging continued immigration detention. Because the petitioner was allegedly detained at the Folkston ICE Processing Center in the Southern District of Georgia, the court directed transfer to the Waycross Division of that district.

Holdings

1. A § 2241 habeas petition challenging a detainee's present physical custody should be brought in the federal district where the detainee is confined.
2. The action should be transferred to the Waycross Division of the United States District Court for the Southern District of Georgia.

Questions Presented

1. Whether a § 2241 petition challenging present physical custody should be litigated in the federal district where the detainee is confined.
2. Whether venue should be transferred to the Southern District of Georgia because petitioner was detained there.

Disposition

other