Daniel Walker Osorio v. U.S. Immigration and Customs Enforcement, et al.

• Court: District Court, S.D. Florida
• Decided: June 25, 2026
• Docket: 1:26-cv-24367
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 1:26-cv-24367-GAYLES

DANIEL WALKER OSORIO,

Petitioner,

v.

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, et al.,

Respondents. ___________________________/

ORDER TRANSFERRING CASE TO MIDDLE DISTRICT OF GEORGIA

THIS CAUSE is before the Court on Respondents’ Motion to Dismiss or Transfer Venue (the “Motion”) [ECF No. 5]. On June 8, 2026, Petitioner Daniel Walker Osorio filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 [ECF No. 1] (the “Petition”). Although the Petition indicates that Petitioner is detained by U.S. Immigration and Customs Enforcement (ICE) at Krome Service Processing Center in Miami, Florida, id. at 1, Respondents explain Petitioner is in fact being held at the Stewart Detention Center in Lumpkin, Georgia, [ECF No. 5 at 1]. Lumpkin is in Stewart County, which is within the Middle District of Georgia. See id.; 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 only 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. Respondents’ Motion to Dismiss or Transfer Venue, [ECF No. 5], is GRANTED in part and DENIED in part. 2. 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). 3. The Clerk is directed to CLOSE this case. DONE AND ORDERED in Chambers at Miami, Florida, this 25th day of June, 2026.

| si DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE ce: Daniel Walker Osorio A# 036-054-267 Stewart Detention Center Inmate Mail/Parcels 146 CCA Road, P.O. Box 248 Lumpkin, GA 31815 PRO SE Yaniece McPherson U.S. Attorney’s Office Email: yaniece.mcpherson@usdo]j.gov Noticing 2241/Bivens US Attorney Email: usafls-2255@usdo].gov Noticing INS Attorney Email: usafls-immigration@usdoj.gov -2-