Tobar v. Current or Acting Field Office Director

Background

Walter Aparicio Tobar, identified in the opinion as a citizen of Guatemala, filed a self-represented petition under 28 U.S.C. § 2241. He challenged his prolonged detention by United States Immigration and Customs Enforcement at the Golden State Annex detention center in McFarland, California. He also moved for permission to proceed without paying filing fees and for appointment of counsel.

Venue and jurisdiction

The court relied on the federal habeas statute’s limitation that district courts may grant habeas relief only within their respective jurisdictions. It explained that a core habeas petition challenging present physical confinement generally must be filed in the single federal district where the petitioner is confined. The court stated that this rule applies to petitions challenging immigration detention.

Tobar was detained in McFarland, in Kern County. The court determined that Kern County is within the Eastern District of California. It therefore concluded that the petition belonged in that district rather than the Northern District of California.

Disposition

The court transferred the § 2241 petition, the motion for permission to proceed without paying filing fees, and the motion for appointment of counsel to the United States District Court for the Eastern District of California. The clerk was directed to transfer the case immediately. The order did not decide whether Tobar’s detention was lawful.