Hernandez

Federal prisoner Anselmo Bernal Hernandez appeals the order of the District Court for the Central District of California (“Central District” or “sentencing court”) denying his habeas corpus petition. Because the Central District failed to determine whether it had jurisdiction, we vacate its order dismissing the petition. We also remand with instructions for the Central District to determine whether the petition is styled properly as one brought under 28 U.S.C. § 2241 , and, if so, to transfer the action back to the District Court for the Eastern District of California (“Eastern District” or “custodial court”). See Washington Local Lodge No. 104 v. International Bhd. of Boilermakers, 621 F.2d 1032 , 1033-34 (9th Cir.1980) (remanding to the district court with instructions to determine whether federal jurisdiction existed, and, if not, to remand to the state court).

I.

In March 1993, a jury in the Central District convicted Hernandez and two co-defendants, Santos Alvarez Felix and Adolpho Leon Gomez, of conspiracy to possess with intent to distribute cocaine and possession with intent to distribute cocaine, in violation of 21 U.S.C. §§ 846 & 841. The sentencing court sentenced…