Rodriguez v. Holder et al

Filing 4

ORDER OF TRANSFER (SI, COURT STAFF) (Filed on 10/25/2011)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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GILBERTO LOPEZ RODRIGUEZ,
Petitioner,

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United States District Court
For the Northern District of California

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No. C 11-4858 SI (pr)
ORDER OF TRANSFER

v.
ERIC HOLDER, Attorney General,
Respondent.
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Gilberto Lopez Rodriguez has filed a habeas petition under 28 U.S.C. § 2241 to challenge

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the legality of his custody by the U.S. Immigration and Customs Enforcement (“ICE”), pending

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his removal from the United States. He is incarcerated at Pinal County Adult Detention Center

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in Florence, Arizona.

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The district of confinement is the proper venue for a petition for a writ of habeas corpus

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under 28 U.S.C. § 2241. See Rumsfeld v. Padilla, 542 U.S. 426, 447 (2004); Chatman-Bey v.

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Thornburgh, 864 F.2d 804, 813 (D.C. Cir. 1988); McCoy v. United States Bd. of Parole, 537

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F.2d 962, 966 (8th Cir. 1976). Here, petitioner is in custody in the District of Arizona. The

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District of Arizona is the proper venue for his § 2241 petition, and the Northern District of

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California is not the proper venue. Accordingly, in the interest of justice, this case is

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TRANSFERRED to the United States District Court for the District of Arizona. See 28 U.S.C.

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§ 1406(a). The clerk shall transfer this matter.

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IT IS SO ORDERED.
DATED: October 25, 2011
SUSAN ILLSTON
United States District Judge