(HC) Le v. Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement

Opinion

1 2 3 6 7 HUY HOANG LE, Case No. 24-cv-06162-SVK 8 Plaintiff, ORDER OF TRANSFER 9 V. FRANCISCO FIELD OFFICE, UNITED CUSTOMS ENFORCEMENT, et al., 12 Defendants.

= 13 In this federal habeas action, petitioner challenges the lawfulness of his continued . . . . 14 Il detention by the Department of Immigration and Customs Enforcement (“ICE”) pending . . Lye □□ . . 15 his removal to Vietnam. Jurisdiction for habeas petitions by an ICE detainee challenging

a 16 the lawfulness of their present detention lies only in the district of confinement. Doe v. M7 Garland, 109 F.4th 1188, 1199 (9th Cir. 2024) (holding petition by immigration detainee O 18 challenging his detention is a “core habeas petition” that must be filed in the district of 19 confinement under Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004). Petitioner is detained 20 by ICE at the Mesa Verde Processing Center in Bakersfield, California. Therefore, this 71 ! action is TRANSFERRED to the Eastern District of California. 28 U.S.C. §§ 84(b), 22 ll 1404(a), 2241(d). The Clerk shall transfer this action forthwith. 24 Dated: October 16, 2024 25

27 Susan van Keulen United States Magistrate Judge 28