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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANDRE JUSTE,
United States District Court
Northern District of California

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Case No. 17-CV-04371 LHK (PR)

Petitioner,
ORDER OF TRANSFER

v.
ROBERT JUDGE, Warden,
Respondent.

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Petitioner, an immigration detainee, has filed a federal petition for writ of habeas corpus,

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under 28 U.S.C. § 2241. Petitioner is currently being held at the Buffalo Federal Detention

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Facility in Buffalo, New York. According to the petition, petitioner has a petition for review

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pending in the United States Court of Appeals for the Second Circuit. Pet. at 2. Petitioner’s

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underlying federal habeas petition appears to be challenging his current detention.

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Section 2241 allows “the [U.S.] Supreme Court, any justice thereof, the district courts and

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any circuit judge” to grant writs of habeas corpus “within their respective jurisdictions.” 28

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U.S.C. § 2241(a). The U.S. Supreme Court has held that personal jurisdiction over a federal

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habeas corpus petition lies exclusively in the single federal judicial district in which both the

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custodian of the prisoner and the prisoner reside. Ahrens v. Clark, 335 U.S. 188, 190-91 (1948).

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Case No. 17-CV-04371 LHK (PR)
ORDER OF TRANSFER

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Where a petitioner is incarcerated in one state and files a Section 2241 petition in a federal district

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court in another state, the federal district court in which the petition is filed lacks jurisdiction over

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the petitioner’s custodian to effect process or to enforce court orders and must accordingly transfer

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or dismiss the petition. See, e.g., Hassain v. Johnson, 790 F.2d 1420, 1420 (9th Cir. 1986) (no

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jurisdiction in California to address a petition where inmate incarcerated in Arizona).

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Because petitioner is incarcerated within the jurisdiction of the Western District of New

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York, this case is TRANSFERRED To the Western District of New York. See 28 U.S.C. §

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1404(a). The Clerk shall transfer this matter forthwith.

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IT IS SO ORDERED.
DATED:

10/25/2017
LUCY H. KOH
UNITED STATES DISTRICT JUDGE

United States District Court
Northern District of California

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Case No. 17-CV-04371 LHK (PR)
ORDER OF TRANSFER

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