Opinion
Case No. 18-cv-06647-JST (PR)
11-27-2018
OSCAR RAFAEL ALVARADO HENRIQUEZ, Petitioner, v. JEFFERSON B. SESSIONS, Respondent.
ORDER OF TRANSFER
Petitioner, a detainee of the United States Immigration and Customs Enforcement ("ICE") at Yuba County Jail, filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner's underlying federal habeas petition appears to be challenging his current detention.
Section 2241 allows "the [U.S.] Supreme Court, any justice thereof, the district courts and any circuit judge" to grant writs of habeas corpus "within their respective jurisdictions." 28 U.S.C. § 2241(a). "[F]or core habeas petitions challenging present physical confinement, jurisdiction lies in only one district: the district of confinement." Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004). Petitioner is confined in Yuba County, which lies within the venue of the Eastern District of California. See 28 U.S.C. § 84(b). Therefore, venue properly lies in that district and not in this one. See 28 U.S.C. § 1391(b). Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a).
The Clerk shall terminate all pending motions and transfer the entire file to the Eastern District of California.
IT IS SO ORDERED. Dated: November 27, 2018
/s/_________
JON S. TIGAR
United States District Judge