Opinion
CIVIL ACTION NO. 04-1177, SECTION "K" (1)
April 29, 2004
TRANSFER ORDER
Pro se petitioner is an immigration detainee presently incarcerated at the Etowah County Detention Center, Gadsden, Alabama. He filed the above-captioned application for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
The Court finds that venue does not lie in this federal district.See 28 U.S.C. § 2241. The United States Fifth Circuit Court of Appeals has held that, with respect to federal prisoners, challenges under § 2241 should be filed in the district where the prisoner is confined. King v. Lynaugh, 729 F. Supp. 57, 59 (W.D. Tx. 1990);see also United States v. Gabor, 905 F.2d 76, 78 (5th Cir. 1990) ("To entertain a § 2241 habeas petition, the district court must, upon the filing of the petition, have jurisdiction over the prisoner or his custodian.") (citation omitted). The King court noted:
The Congressional legislation related to § 2241 contemplates a proceeding against the person who has immediate custody over the prisoner, who has the power to produce the body of the prisoner before the Court or judge and ultimately discharge him from custody. Mounce v. Knighten, 503 F.2d 967 (5th Cir. 1974), citing Wales v. Whitney. 114 U.S. 564, 574, 5 S.Ct. 1050, 1054-1055, 29 L.Ed. 277(1885).King, 729 F.2d at 59. Therefore, the proper jurisdiction for adjudicating a § 2241 application is the district in which the petitioner is confined.
Petitioner is confined in Gadsden, Alabama, which lies within the geographical boundaries of the Northern District of Alabama (Middle Division). 28 U.S.C. § 81(a)(6) (Etowah County). The Court, therefore, finds that district to be the proper venue for this petition to be considered. Accordingly,
IT IS ORDERED that the petition filed by Talib Radhi Mutashar Al Ukeili be and is hereby TRANSFERRED to the United States District Court for the Northern District of Alabama (Middle Division) for further proceedings.