Juste v. Office of the District Chief Counsel et al

Filing 9

ORDER OF TRANSFER To the Western District of New York. Signed by Judge Nathanael Cousins on 7/17/2017. (Attachments: # 1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 7/17/2017) [Transferred from cand on 7/19/2017.]

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court Northern District of California 11 ANDRE JUSTE, Petitioner, 12 Case No. 17-cv-03064 NC (PR) ORDER OF TRANSFER v. 13 14 OFFICE OF THE DISTRICT CHIEF COUNSEL, 15 Respondent. 16 17 Petitioner, an immigration detainee, has filed a federal petition for writ of habeas 18 corpus, under 28 U.S.C. § 2241. 1 Petitioner is currently being held at the Buffalo Federal 19 Detention Facility in Buffalo, New York. According to the petition, it appears that 20 Petitioner has a petition for review, challenging his order of removal, which is pending in 21 the United States Court of Appeals for the Second Circuit. Pet. at 7. Petitioner’s 22 underlying federal habeas petition appears to be challenging his current detention. 23 Section 2241 allows “the Supreme Court, any justice thereof, the district courts and 24 25 26 27 28 1 Petitioner has consented to magistrate judge jurisdiction. Dkt. No. 5. Case No. 17-cv-03064 NC (PR) ORDER OF TRANSFER 1 2 3 4 5 6 7 any circuit judge” to grant writs of habeas corpus “within their respective jurisdictions.” 28 U.S.C. § 2241(a). In 1948, relying on the “within their respective jurisdictions” language, the Supreme Court held that personal jurisdiction over a federal habeas corpus petition lies exclusively in the single federal judicial district in which both the custodian of the prisoner and the prisoner reside. Ahrens v. Clark, 335 U.S. 188, 190-91 (1948). Where a petitioner is incarcerated in one state and files a Section 2241 petition in a federal district court in another state, therefore, the federal district court lacks jurisdiction over his 8 custodian to effect process or enforce its orders and must accordingly transfer or dismiss 9 the petition. See, e.g., Hassain v. Johnson, 790 F.2d 1420, 1420 (9th Cir. 1986) (no 10 jurisdiction in California to address petition where inmate incarcerated in Arizona). United States District Court Northern District of California 11 Because Petitioner is within the jurisdiction of the Western District of New York, 12 this case is TRANSFERRED To the Western District of New York. See 28 U.S.C. § 13 1404(a). The Clerk is directed to transfer this matter forthwith. 14 15 IT IS SO ORDERED. DATED: July 17, 2017 NATHANAEL M. COUSINS United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 17-cv-03064 NC (PR) ORDER OF TRANSFER

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