Thongvilay

Thongvilay v. Field Office Director, San Francisco Field Office

Good Law
United States District Court, Northern District of CaliforniaNovember 9, 20233:23-cv-05724California409 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 PAMOT THONGVILAY, A025057918, Case No. 23-cv-05724-SK (PR)

Petitioner,

ORDER OF TRANSFER

v.

FIELD OFFICE DIRECTOR, et al., Respondent(s).

I. Petitioner Pamot Thongvilay, a citizen of Laos, filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging his prolonged detention by the United States Immigration and Customs Enforcement (ICE) at the Mesa Verde Detention Center (MVDC) in Bakersfield, California. II. The federal habeas statute expressly limits the power of district courts to grant habeas writs to “within their respective jurisdictions.” 28 U.S.C. § 2241(a). “The plain language of the habeas statute thus confirms the general rule that for core habeas petitions challenging present physical confinement, jurisdiction lies in only one district: the district of confinement.” Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004). This district-of-confinement rule…

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