Orencio Almazo Barragan v. Todd M. Lyons, et al.

Summary

The United States District Court for the Southern District of New York transfers Orencio Almazo Barragan’s 28 U.S.C. § 2241 habeas petition to the District of New Mexico because he is detained there and the court lacks jurisdiction over his custodian. The court waives the applicable waiting period and directs the Clerk of Court to transfer the action, closing the case in the Southern District of New York.

Holdings

1. Jurisdiction generally lies exclusively in the federal district where the petitioner is confined because the court must have jurisdiction over the petitioner's immediate custodian.
2. The petition should be transferred to the United States District Court for the District of New Mexico, where petitioner was confined.

Questions Presented

1. Whether the Southern District of New York had jurisdiction over a § 2241 petition challenging petitioner's present physical confinement when petitioner was detained in New Mexico.
2. Whether the petition should be transferred to the District of New Mexico.

Disposition

other