1

2 3 4 5 6 7 8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

11 TUAN QVOC BUI, Case No. 1:25-cv-00982-SAB-HC

12 Petitioner,

ORDER TRANSFERRING CASE TO THE

13 v. UNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF

14 WARDEN OF THE OTAY MESA CALIFORNIA DETENTION FACILITY, et al., 15 Respondents. 16 17 18 Petitioner is a federal immigration detainee proceeding pro se with a petition for writ of 19 habeas corpus pursuant to 28 U.S.C. § 2241. 20 “Whenever a § 2241 habeas petitioner seeks to challenge his present physical custody 21 within the United States, he should name his warden as respondent and file the petition in the 22 district of confinement.” Rumsfeld v. Padilla, 542 U.S. 426, 447 (2004). The Ninth Circuit has 23 “affirm[ed] the application of the immediate custodian and district of confinement rules to core 24 habeas petitions filed pursuant to 28 U.S.C. § 2241, including those filed by immigrant 25 detainees.” Doe v. Garland, 109 F.4th 1188, 1199 (9th Cir. 2024). 26 Here, Petitioner challenges his present physical custody at the Otay Mesa Detention 27 Center in San Diego, California. (ECF No. 1 at 2.) Therefore, venue is proper in the district of 1 | court . . . and that court finds that there is a want of jurisdiction, the court shall, if it is in the 2 | interest of justice, transfer such action or appeal to any other such court . . . in which the action 3 | or appeal could have been brought at the time it was filed or noticed .. . .” 28 U.S.C. § 1631. 4 | Accordingly, rather than dismissal, the Court finds that transfer of the petition to the United 5 | States District Court of the Southern District of California is appropriate in the interest of justice. 6 Accordingly, IT IS HEREBY ORDERED that this action is TRANSFERRED to the 7 | United States District Court for the Southern District of California. 8 9 IT IS SO ORDERED. OF a Se 19 | Dated: _ August 11, 2025

STANLEY A. BOONE

1] United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28