Torre v. Todd M. Lyons

Background

Raul De La Torre filed a petition for a writ of habeas corpus on October 19, 2025, and moved for a temporary restraining order the next day. The court granted the temporary restraining order. The government then opposed the request and stated that De La Torre was detained in Fresno, California, within the Eastern District of California. The government also released De La Torre from custody in compliance with the court’s order.

On October 22, the court ordered De La Torre to explain why the petition should not be dismissed. The court noted that it did not have jurisdiction to hear the petition because De La Torre was not detained in the Northern District of California. De La Torre responded that the case should be transferred under 28 U.S.C. §§ 1404(a) and 1406(a), which address transfers between federal districts.

Court’s reasoning

The court held that those statutes did not authorize it to hear or transfer this petition. First, De La Torre did not dispute that the court lacked jurisdiction to issue the temporary restraining order in the first place. The court therefore concluded that the temporary restraining order had to be vacated.

Second, the court explained that Sections 1404(a) and 1406(a) allow transfer only to a district where the petition might have been brought. Citing Ninth Circuit authority and 28 U.S.C. § 2242, the court stated that the proper district for a habeas petition is the district where the applicant is held—that is, the district of confinement. Because De La Torre was detained in the Eastern District of California, the petition could not have been filed in the Northern District of California. The court also noted that De La Torre had been released and was no longer in custody.

Disposition

The court VACATED the temporary restraining order and DISMISSED De La Torre’s habeas petition without prejudice. The order disposed of Docket Nos. 1 and 10, and the clerk was directed to close the case.