(HC)Phan

Hao Huy Phan v. Warden of the Otay Mesa Detention Facility, et al.

Good Law
United States District Court, Eastern District of CaliforniaSeptember 9, 20251:25-cv-01153California367 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HAO HUY PHAN, 1:25-cv-01153-CDB (HC) 12 Petitioner, ORDER TRANSFERRING CASE TO THE

UNITED STATES DISTRICT COURT FOR

13 v. THE SOUTHERN DISTRICT OF

CALIFORNIA

14 WARDEN OF THE OTAY MESA DETENTION FACILITY, et al., (Doc. 1) 15 Respondents. 16 17

18 Petitioner Hao Huy Phan, a federal detainee proceeding pro se, initiated this action on 19 September 8, 2025, with the filing of a petition for writ of habeas corpus pursuant to 28 U.S.C. 20 § 2241. Petitioner challenges his detainment in San Diego County, which is in the Southern District 21 of California. This Court lacks jurisdiction over the Respondent (the warden of the out-of-district 22 facility where Petitioner is in custody). See generally Doe v. Garland, 109 F.4th 1188 (9th Cir. 23 2024), pet. for rehrng. en banc or panel rehrng denied, No. 23-15361 (9th Cir. May 29, 2025). 24 Therefore, the petition should have been filed in the United States District Court for the Southern 25 District of California. In…

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