Juste v. Judge et al

Filing 20

ORDER OF TRANSFER. Case transferred to the Western District of New York. Signed by Judge Lucy H. Koh on 10/25/2017. (Attachments: # 1 Certificate/Proof of Service)(iym, COURT STAFF) (Filed on 10/25/2017)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 ANDRE JUSTE, United States District Court Northern District of California 11 12 13 14 Case No. 17-CV-04371 LHK (PR) Petitioner, ORDER OF TRANSFER v. ROBERT JUDGE, Warden, Respondent. 15 16 Petitioner, an immigration detainee, has filed a federal petition for writ of habeas corpus, 17 under 28 U.S.C. § 2241. Petitioner is currently being held at the Buffalo Federal Detention 18 Facility in Buffalo, New York. According to the petition, petitioner has a petition for review 19 pending in the United States Court of Appeals for the Second Circuit. Pet. at 2. Petitioner’s 20 underlying federal habeas petition appears to be challenging his current detention. 21 Section 2241 allows “the [U.S.] Supreme Court, any justice thereof, the district courts and 22 any circuit judge” to grant writs of habeas corpus “within their respective jurisdictions.” 28 23 U.S.C. § 2241(a). The U.S. Supreme Court has held that personal jurisdiction over a federal 24 habeas corpus petition lies exclusively in the single federal judicial district in which both the 25 custodian of the prisoner and the prisoner reside. Ahrens v. Clark, 335 U.S. 188, 190-91 (1948). 26 Case No. 17-CV-04371 LHK (PR) ORDER OF TRANSFER 27 28 1 1 Where a petitioner is incarcerated in one state and files a Section 2241 petition in a federal district 2 court in another state, the federal district court in which the petition is filed lacks jurisdiction over 3 the petitioner’s custodian to effect process or to enforce court orders and must accordingly transfer 4 or dismiss the petition. See, e.g., Hassain v. Johnson, 790 F.2d 1420, 1420 (9th Cir. 1986) (no 5 jurisdiction in California to address a petition where inmate incarcerated in Arizona). 6 Because petitioner is incarcerated within the jurisdiction of the Western District of New 7 York, this case is TRANSFERRED To the Western District of New York. See 28 U.S.C. § 8 1404(a). The Clerk shall transfer this matter forthwith. 9 10 IT IS SO ORDERED. DATED: 10/25/2017 LUCY H. KOH UNITED STATES DISTRICT JUDGE United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 17-CV-04371 LHK (PR) ORDER OF TRANSFER 2

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