Khamo v. Department of Homeland Security Secretary

Background

Fabian Yousif Israel Khamo, a California prisoner at Atascadero State Hospital proceeding without an attorney, filed a petition for a writ of habeas corpus. The petition challenged a detainer issued by the Department of Homeland Security’s Immigration and Customs Enforcement agency, rather than Khamo’s state-court conviction or sentence.

Legal framework

The court determined that the petition fell under 28 U.S.C. § 2241, which provides a procedure for challenging certain forms of federal custody. The court explained that venue—the proper federal district for handling a case—is often most appropriate where a § 2241 petitioner is confined. That district is generally considered more convenient because the petitioner’s records are there and the transfer would promote consistency in handling these petitions.

Khamo was confined in Atascadero, California, in San Luis Obispo County. The court stated that the county is within the Central District of California. It also noted that the petition had been filed only recently, so transferring it would not cause undue delay.

Ruling

Judge Susan Van Keulen ordered that, in the interest of justice and for the parties’ convenience, the case be transferred to the United States District Court for the Central District of California. The clerk was directed to transfer the matter forthwith. The order addressed the proper forum and did not decide the validity of the immigration detainer.