Francisco Dorta Herrera v. Kristi Noem

Summary

The court ordered the transfer of this 28 U.S.C. § 2241 habeas action to the Southern District of Texas, Laredo Division, because the petitioner was located within that division. The court denied pending motions as moot and directed the clerk to close the case.

Holdings

1. A petition for a writ of habeas corpus under 28 U.S.C. § 2241 must be filed in the district where the prisoner or detainee is incarcerated.
2. When a § 2241 petition is filed in the wrong division but should proceed in another division of the same district, transfer rather than dismissal is appropriate.

Questions Presented

1. Whether a 28 U.S.C. § 2241 habeas petition should be transferred when the detainee is incarcerated in a different division of the same federal judicial district than the division in which the petition was filed.
2. Whether the action should be transferred rather than dismissed because the detainee was confined in the Southern District of Texas, Laredo Division.

Disposition

other