Cerly Gleyce de Souza Moita v. Garrett J. Ripa, et al.

Summary

The court held that jurisdiction over the petitioner’s 28 U.S.C. § 2241 habeas petition attached in the Southern District of Florida, where she was detained when she filed, and was not defeated by her subsequent transfer to Louisiana. The court ordered the case transferred back to the Southern District of Florida under 28 U.S.C. § 1631.

Holdings

1. Jurisdiction attached in the district where the petitioner was confined when she filed the habeas petition and was not destroyed by her subsequent transfer or custodial change.
2. The case should be transferred to the United States District Court for the Southern District of Florida pursuant to 28 U.S.C. § 1631.

Questions Presented

1. Whether jurisdiction over a habeas petition is determined by the petitioner's place of confinement at the time of filing and remains unaffected by a subsequent transfer.
2. Whether the Western District of Louisiana should transfer the case to the Southern District of Florida under 28 U.S.C. § 1631.

Disposition

other