Cesar Yoel Sandoval Calderas v. Kristi Noem, et al.

Summary

The court orders the transfer of a 28 U.S.C. § 2241 habeas case from the Southern District of Texas, Victoria Division, to the Western District of Texas, San Antonio Division, because the petitioner is detained in Karnes County, which lies within the latter district. The court denies pending motions as moot and directs 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 federal district where the prisoner or detainee is incarcerated.
2. When a § 2241 petition is filed in the wrong federal district, transfer to the district of confinement is appropriate rather than dismissal.

Questions Presented

1. Whether a § 2241 habeas petition filed by an immigration detainee must be brought in the federal district where the detainee is incarcerated.
2. Whether the case should be transferred to the proper district rather than dismissed.

Disposition

other