Opinion
No. CV 01-8532 (RR) (MDG)
February 14, 2002
ERROL A. LESLIE, F.D.C. Oakdale, Oakdale, LA; Petitioner Pro Se
ALAN VINEGRAD, One Pierrepont Plaza, Brooklyn, New York; for Respondents
MEMORANDUM AND ORDER
Petitioner, Errol A. Leslie, a resident alien who is now incarcerated in the Immigration and Naturalization Service's ("INS") Oakdale, Louisiana holding facility, petitions this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 asserting that his detention without an opportunity for a prompt bond hearing is unconstitutional. After a careful review of Leslie's documents, the court concludes that even if this court has jurisdiction over Leslie's suit, his action is more appropriately venued in the Western District of Louisiana.
Factors to be considered in determining the appropriate venue for a § 2241 petition include (1) where the material events at issue took place, (2) where records and witnesses relevant to petitioner's claim are to be found, and (3) the convenience of the forum for both petitioner and respondent. See Henderson v. INS, 157 F.3d 106, 128 n. 25 (2d Cir. 1998) (citing Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484, 493-94 (1973)); 28 U.S.C. § 1404(a) ("For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought."). Applying these factors to this case, it is apparent that the convenience of the parties and the interests of justice are best served by transferring this case to the Western District of Louisiana.
Leslie's sole basis for venue in this district is his one time residence in Brooklyn. Since 1998, however, when he was convicted in New Jersey state court for assault in the third degree, Leslie has been incarcerated outside this district. Indeed, on June 27, 2000, when Leslie completed his sentence for assault, he was immediately transferred from the Southern State Facility in Delmont, New Jersey to the Oakdale facility for removal hearings before an INS Immigration Judge. It is those Oakdale proceedings that Leslie challenges in his § 2241 proceedings. Thus, the events material to petitioner's § 2241 claim all occurred in Louisiana, all material witnesses to his claim are located there, and the site is the most convenient forum for petitioner since that is where he is presently detained.
In the exercise of discretion and in furtherance of justice, this court hereby transfers this petition to the Western District of Louisiana. See 28 U.S.C. § 1404(a). The provision of Rule 83.1 of the Local Rules for the Eastern District of New York requiring a five-day delay in the transfer of relevant case materials is waived. Upon prompt transfer of the case, the Clerk of the Court is to mark the case closed.