Jose Luis Rivas Garcia v. Current or Acting Field Director, et al.

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOSE LUIS RIVAS GARCIA, Case No. 26-cv-02302-JCS

8 Plaintiff, ORDER OF TRANSFER v. 9

10 CURRENT OR ACTING FIELD DIRECTOR, et al., 11 Defendants.

12 13 Petitioner seeks federal habeas relief under 28 U.S.C. § 2241 from his continued 14 detention by the United States Department of Homeland Security (DHS) and Immigration 15 and Customs Enforcement (ICE). The petition indicates he is confined in Bakersfiled, 16 California. 17 In Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), the United States Supreme 18 Court has made clear that “venue considerations may, and frequently will, argue in favor of 19 adjudication of the habeas claim in the jurisdiction where the habeas petitioner is confined.” 20 Chatman-Bey v. Thornburgh, 864 F.2d 804, 814 (D.C. Cir. 1988); see also Braden, 410 U.S. at 21 499 n.15; McCoy v. United States Bd. of Parole, 537 F.2d 962, 966 (8th Cir. 1976) (holding the 22 district of confinement "is normally the forum most convenient to the parties"). Federal court 23 generally exercise discretion in transferring petitions on grounds of convenience to the district of 24 confinement “in the interests of justice” pursuant to 28 U.S.C. § 1404(a). Id. 25 // 26 //

27 1 Petitioner is confined in Bakersfield, California, in Kern County, which lies within the 2 || venue of the Eastern District of California. 28 U.S.C. § 84(b). Accordingly, this action is 3 || TRANSFERRED to the Eastern District of California in the interests of justice. See 4 || 1404(a). The Clerk shall transfer this action forthwith. 5 IT ISSO ORDERED. 6 || Dated: April 27, 2026 7 CZ 8 J@SEPH C. SPERO 9 nited States Magistrate Judge 10 1] a 12 13

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