Fatih Yilmaz v. Michael Rose, Field Office Director of Enforcement and Removal Operations, Philadelphia Field Office, Immigration and Customs Enforcement, et al.

Summary

The court considers Fatih Yilmaz’s petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging his immigration detention and the denial of a bond redetermination hearing. The court concludes that jurisdiction lies in the Western District of Pennsylvania because the petitioner is confined at the Moshannon Valley Correctional Facility in Clearfield County. The court transfers the action to that district under 28 U.S.C. § 1631 and directs the Clerk to close the case.

Holdings

1. The Middle District of Pennsylvania lacked jurisdiction over the § 2241 petition because the petitioner's custodian was located within the territorial jurisdiction of the Western District of Pennsylvania.
2. The court transferred the action to the Western District of Pennsylvania because transfer, rather than dismissal, was in the interest of justice.

Questions Presented

1. Whether the Middle District of Pennsylvania had jurisdiction over a § 2241 habeas petition filed by an alien detained at the Moshannon Valley Correctional Facility.
2. Whether the action should be transferred under 28 U.S.C. § 1631 to the Western District of Pennsylvania in the interest of justice.

Disposition

remanded