Yaniel Gonzalez Garca v. Kevin Raycraft et al.

Summary

The United States District Court for the Western District of Michigan dismissed without prejudice an ICE detainee’s 28 U.S.C. § 2241 habeas petition for lack of jurisdiction because the petitioner was not confined within the district. The court also dismissed the petitioner’s motion to consolidate the case with related litigation in the Eastern District of Michigan.

Holdings

1. The court lacked jurisdiction over petitioner's core habeas petition because petitioner was not confined in the Western District of Michigan; jurisdiction lies in the district of confinement.
2. The court denied or dismissed petitioner's motion to consolidate because the court lacked jurisdiction over the underlying habeas petition.

Questions Presented

1. Whether the Western District of Michigan had jurisdiction under 28 U.S.C. § 2241 over a habeas petition challenging petitioner's present physical immigration detention when petitioner was not confined in that district.
2. Whether the court should consolidate the action with a related case pending in the Eastern District of Michigan after determining that it lacked jurisdiction over the habeas petition.

Disposition

dismissed