Yohannes v. United States Attorney General

Filing 3

ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge George Caram Steeh. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

GETACHEW YOHANNES,
Petitioner,
v.

CASE NO. 11-14977
HON. GEORGE CARAM STEEH

ERIC HOLDER, et al.,
Respondent.
_____________________________/
ORDER TRANSFERRING CASE TO THE WESTERN DISTRICT OF MICHIGAN
This is a § 2241 habeas corpus proceeding in which petitioner challenges his postremoval-period detention. Under 28 U.S.C. § 2241, the writ may be granted by “the district
courts and any circuit judge within their respective jurisdictions.” 28 U.S.C. § 2241(a).
“The plain language of the habeas statute thus confirms the general rule that for 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 incarcerated at the Chippewa County Jail, Sault Ste. Marie, Michigan.
Thus, jurisdiction and venue are both proper in the Western District of Michigan. See 28
U.S.C. § 102(b)(2). The Clerk of Court is ORDERED to transfer this case to the Western
District of Michigan pursuant to 28 U.S.C. §§ 1406(a) and 2241(d).
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Dated: November 21, 2011
S/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
November 21, 2011, by electronic and/or ordinary mail and
also to Getachew Yohannes at Chippewa County Jail, 325
Court Street, Sault Ste Marie, MI 49783.
S/Josephine Chaffee
Deputy Clerk