Delgado v. Department of Homeland Security and Immigration and Customs Enforcement

• Court: District Court, E.D. Louisiana
• Decided: October 11, 2022
• Docket: 2:22-cv-03104
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

SEVERIANO GONZALES DELGADO CIVIL ACTION

VERSUS NO. 22-3104

DEPARTMENT OF HOMELAND SECTION I SECURITY AND IMMIGRATION AND CUSTOMS ENFORCEMENT

ORDER & REASONS

Before the Court is a petition1 by Severiano Gonzales Delgado (“Delgado”) seeking relief from a federal conviction in the Northern District of Alabama.2 The petition states that Delgado is currently “serving a state sentence, with a future federal sentence to serve.”3 The petition indicates that Delgado is currently incarcerated in a state facility in Alabama.4 It is not clear whether Delgado is seeking relief pursuant to 28 U.S.C. § 2241, 28 U.S.C. § 2255, or both.5 This Court lacks jurisdiction to provide relief pursuant to either statute, and will therefore dismiss Delgado’s petition. Section 2241 authorizes district courts to grant habeas corpus relief “within

1 R. Doc. No. 6. 2 Id. at 2 (listing a case in the United States District Court for the Northern District of Alabama as “the decision or action [Delgado is] challenging”) 3 Id. at 1. 4 Id. (listing “Limestone Corrections, Alabama Department of Corrections” under “place of confinement”) 5 The form petition is labeled “Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241,” and Delgado has also filled out the section labeled “Motion Under 28 U.S.C. § 2255.” He further states that he wants the Court to “vacate [his] firearm convictions and order [him] deported from the United States.” Id. at 8. their respective jurisdictions.” 28 U.S.C. 2241(a). “[T]he district of incarceration is the only district that has jurisdiction to entertain a defendant’s § 2241 petition.” Lee v. Weitzel, 244 F.3d 370, 373 (5th Cir. 2001). Because Delgado is not incarcerated within the Eastern District of Louisiana, this Court lacks jurisdiction over his § 2241 petition. Section 2255 allows an incarcerated person to challenge the validity of their sentence by “mov[ing] the court which imposed the sentence to vacate, set aside, or correct the sentence.” 28 U.S.C. § 2255(a). “A section 2255 motion must be filed in the sentencing court.” Pack v. Yusuff, 218 F.3d 448, 452 (5th Cir. 2000); accord Ojo v. Immigr. & Naturalization Serv., 106 F.3d 680, 683 (5th Cir. 1997) ([T]he only court with jurisdiction to hear [petitioner’s § 2255 claims] is the court that sentenced him[.]”). This Court did not impose either of Delgado’s sentences. This Court therefore lacks jurisdiction over his § 2255 petition. Accordingly, IT IS ORDERED that the petition is DISMISSED WITH PREJUDICE. New Orleans, Louisiana, October 11, 2022.

An__

UNITED STATES DISTRICT JUDGE