(HC) Fon v. Mayorkas ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEPHEN TAMUFOR FON, Case No. 1:21-cv-00171-SAB-HC 12 Petitioner, ORDER TRANSFERRING CASE TO THE 13 v. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF 14 ALEJANDRO MAYORKAS, et al., CALIFORNIA 15 Respondents. 16 17 Petitioner is an immigration detainee proceeding pro se with a petition for writ of habeas 18 corpus pursuant to 28 U.S.C. § 2241. 19 In the petition, Petitioner challenges his prolonged detention on due process and Eighth 20 Amendment grounds in addition to his exposure to illness and consequences of death through 21 exposure to COVID-19. (ECF No. 1 at 6).1 Petitioner is currently detained at the Imperial 22 Regional Detention Facility in Calexico, California, which is located in the Southern District of 23 California. (Id. at 1). 24 Here, Petitioner challenges his present physical confinement. Therefore, venue is proper 25 in the district of confinement, which is the Southern District of California. See Padilla v. 26 Rumsfeld, 542 U.S. 426, 443 (2004) (“The plain language of the habeas statute [28 U.S.C. 27 1 | § 2241] thus confirms the general rule that for core habeas petitions challenging present physical 2 | confinement, jurisdiction lies in only one district: the district of confinement.”). 3 Accordingly, IT IS HEREBY ORDERED that this action is TRANSFERRED to the 4 | United States District Court for the Southern District of California. 5 6 IT IS SO ORDERED. F- 2 ee 7 | Dated: _February 17, 2021 __ ef UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28