Chukwu

Chukwu v. Immigration and Customs Enforcement

Good Law
United States District Court, Southern District of CaliforniaDecember 4, 20243:24-cv-02269California376 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SIR CHUKWU, Case No. 24-cv-08633-SVK

Plaintiff,

ORDER OF TRANSFER

v.

IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., 11 Defendants.

12 Petitioner, a detainee of the Immigration and Customs Enforcement (“ICE”) at the Imperial 13 Regional Detention Center in Calexico, California, filed this petition for a writ of habeas corpus 14 under 28 U.S.C. § 2241 challenging the constitutionality of his continued detention. (ECF No. 1.) 15 In Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), the Supreme Court made 16 clear “venue considerations may, and frequently will, argue in favor of adjudication of the habeas 17 claim in the jurisdiction where the habeas petitioner is confined.” Chatman-Bey v. Thornburgh, 18 864 F.2d 804, 814 (D.C. Cir. 1988). Federal courts generally take the position that the district of 19 confinement “is normally the forum most convenient to the parties” to litigate habeas petitions 20 under 28 U.S.C. § 2241, and therefore exercise discretion in transferring petitions to the district of 21…

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