Adrian Morales Hernandez v. U.S. Immigration and Customs Enforcement

• Court: District Court, S.D. Florida
• Decided: June 26, 2026
• Docket: 1:26-cv-23508
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 1:26-cv-23508-GAYLES

ADRIAN MORALES HERNANDEZ,

Petitioner,

v.

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT,

Respondent. ___________________________/

ORDER TRANSFERRING CASE TO MIDDLE DISTRICT OF GEORGIA

THIS CAUSE is before the Court on Respondent’s Notice of Transfer (the “Notice”) [ECF No. 7]. On May 18, 2026, Petitioner Adrian Morales Hernandez filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 [ECF No. 1] (the “Petition”). Although Petitioner was detained by U.S. Immigration and Customs Enforcement (ICE) at Krome Service Processing Center in Miami, Florida when he filed the Petition, id. at 1, Respondent explains in the Notice that Petitioner has been transferred to Stewart Detention Center in Lumpkin, Georgia, [ECF No. 7 at 1]. Lumpkin is in Stewart County, which is within the Middle District of Georgia. See 28 U.S.C. § 90(b)(3) (providing that the Middle District of Georgia comprises Stewart County). Under § 2241, “[d]istrict courts are limited to granting habeas relief ‘within their respective jurisdictions.’” Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004) (quoting 28 U.S.C. § 2241(a)); see also Trump v. J. G. G., 604 U.S. 670, 672 (2025); Garcia v. Warden, 470 F. App’x 735, 736 (11th Cir. 2012) (noting that “jurisdiction for § 2241 petitions lies only in the district of confinement”). If a petitioner files his case in the wrong district, the Court can sua sponte transfer the case “to any district or division in which it could have been brought.” 28 U.S.C. § 1406(a); see also Lipofsky v. N.Y. State Workers Comp. Bd., 861 F.2d 1257, 1258 (11th Cir. 1988) (“[A] district court may raise on its own motion an issue of defective venue or lack of personal jurisdiction[.]’”). Because Petitioner is confined at the Stewart Detention Center, jurisdiction lies in the Middle District of Georgia. See Padilla, 542 U.S. at 442; Garcia, 470 F. App’x at 736. Accordingly, it is ORDERED AND ADJUDGED: 1. This case is TRANSFERRED to the Middle District of Georgia, Columbus Division. See 28 U.S.C. § 90(b)(3) (noting the Columbus Division includes Stewart County). 2. The Clerk is directed to CLOSE this case in this District. DONE AND ORDERED in Chambers at Miami, Florida, this 26th day of June, 2026. Df DARRIN P. GAYLES UNITED STATES DI CT JUDGE ce: Adrian Morales Hernandez A# 208744916 Stewart Detention Center Inmate Mail/Parcels 146 CCA Road, P.O. Box 248 Lumpkin, GA 31815 PROSE Benjamin Sardinas U.S. Attorney’s Office Email: Benjamin.Sardinas@usdoj.gov Noticing 2241/Bivens US Attorney Email: usafls-2255@usdoj.gov Noticing INS Attorney Email: usafls-immigration@usdo].gov

-2-