Orellana Brito v. Chief Director of the Department of Homeland Security et al

Filing 7

ORDER : This case is transferred forthwith to the United States District Court for the Southern District of Illinois, at Benton, Illinois. The Clerk is instructed to update the docket to reflect that Petitioner's Immigration Number is A20630446 6 and his current address is at the Tri-County Detention Center, 1026 Shawnee College Road, Ullin, Illinois 62992. The Clerk shall also send Petitioner a copy of this order at the McHenry County Jail, and the Tri-County Detention Center. The Clerk shall close this case number on the Court's docket. [See STATEMENT] Signed by the Honorable Frederick J. Kapala on 7/27/2015. Mailed notice (jp, ) [Transferred from Illinois Northern on 7/28/2015.]

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
Jaime Leonel Orellana Brito, (#123793),
(A206304466)
Petitioner,
v.
Chief Director of the Department of
Homeland Security, et al.,
Respondents.

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Case No: 15 C 50153

Judge Frederick J. Kapala

ORDER
This case is transferred forthwith to the United States District Court for the Southern District of
Illinois, at Benton, Illinois. The Clerk is instructed to update the docket to reflect that Petitioner’s
Immigration Number is A206304466 and his current address is at the Tri-County Detention Center,
1026 Shawnee College Road, Ullin, Illinois 62992. The Clerk shall also send Petitioner a copy of
this order at the McHenry County Jail, and the Tri-County Detention Center. The Clerk shall close
this case number on the Court’s docket.
STATEMENT
Petitioner Jaime Leonel Orellana Brito, an alien detained by United States Immigration and
Customs Enforcement (ICE), brings a pro se petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2241. Petitioner states in the original petition that he is being held at the McHenry County
Jail.
The ICE On l in e Detainee Locator webpage, available at
https://locator.ice.gov/odls/homePage.do (last visited July 27, 2015), shows Petitioner is detained
by ICE at the Tri-County Detention Center, 1026 Shawnee College Road, Ullin, Illinois 62992.
Ullin is in Pulaski County, Illinois. Pulaski County is located in the judicial district for the United
States District Court for the Southern District of Illinois. 28 U.S.C. § 93(c).
The sole venue for a § 2241 habeas corpus petition is the judicial district where Petitioner
is detained. Webster v. Daniels, 784 F.3d 1123, 1144 (7th Cir. 2015) (en banc) (citing Rumsfeld v.
Padilla, 542 U.S. 426, 434-35 (2004)). The Court understands that Petitioner was at the McHenry
County Jail when he filed the petition, but was later transferred to the Tri-County Detention Center
during the pending litigation.
The Court cannot adjudicate a habeas corpus petition filed under 28 U.S.C. § 2241 when the
Petitioner is no longer located in the Court's judicial district. Moore v. Olson, 368 F.3d 757, 758
(7th Cir. 2004). A petitioner who is transferred while litigation is pending need not refile in the new
district where he is located. Id. The appropriate action is to transfer the case to the new district

where Petitioner is located. Blumeyer v. Hollingsworth, No. 08-430-JPG-CJP, 2010 WL 1488522,
at *3 (S.D. Ill. Apr. 12, 2010). This case is transferred to the United States District Court for the
Southern District of Illinois, at Benton, Illinois.
Date: 7/27/2015

ENTER:
_________________________
FREDERICK J. KAPALA
District Judge

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