Cochancela v. Almodovar
Walter Ortega Cochancela v. Judith Almodovar, Acting Director of the New York City Field Office of Immigration and Customs Enforcement; Kristi Noem, Secretary of the Department of Homeland Security; Pamela Bondi, Attorney General, in their official capacities
- Subramanian
- 1:25-cv-07448
- U.S. District Court · Southern District of New York
- 1
In Walter Ortega Cochancela v. Judith Almodovar, Judge Subramanian found the Southern District of New York lacked jurisdiction and said the petition should be refiled in western New York.
Walter Ortega Cochancela and the government, because the order addresses where his petition may be refiled and possible transfer from the Western District of New York.
What happened
Walter Ortega Cochancela v. Judith Almodovar concerns a petition by Walter Ortega Cochancela, who claimed he was detained in Batavia, New York.
The court said the Southern District of New York had no authority to hear the petition based on the allegations presented. It said the petition should be refiled in the Western District of New York, without deciding the petition’s underlying claims.
Judge Arun Subramanian instructed that, after receiving the order, the petitioner should give it to the U.S. Attorney’s Office for the Western District of New York. The government should try to prevent the petitioner from being transferred out of that district while the petition is refiled and should provide advance notice of any intended transfer.
The detailed version
- Cochancela v. Almodovar · No. 1:25-cv-07448
- Subramanian
- Sept. 9, 2025
Background
Walter Ortega Cochancela filed a petition against Judith Almodovar, Kristi Noem, and Pamela Bondi in their official capacities. Based on the petition’s allegations, Ortega Cochancela claimed that he was detained in Batavia, New York.
Ruling
The court held that the Southern District of New York lacked jurisdiction, meaning it was not the proper federal district to hear the petition. The court stated that the petition should be refiled in the Western District of New York. The order did not decide the petition’s underlying claims.
Instructions Concerning Transfer
The court directed that, upon receiving the order, Ortega Cochancela should provide it to the U.S. Attorney’s Office for the Western District of New York. That office should make every effort to ensure that he is not transferred out of the Western District of New York while the petition is being refiled. If the government intends to transfer him outside that district, it should notify Ortega Cochancela and the court in advance.
Judge Arun Subramanian’s order does not state that the petition was dismissed or transferred; it states that the petition should be refiled in another federal district.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.