Gittens v. Department of Homeland Security

Background

Ryan Gittens, who was representing himself, filed a petition under 28 U.S.C. § 2241 challenging his immigration detention. The opinion states that he was detained at Winn Correctional Center in Winnfield, Winn Parish, Louisiana. The respondent was the Department of Homeland Security.

Reason for Transfer

The court explained that a court hearing a detention petition under § 2241 must have jurisdiction—legal authority—over the person responsible for the detention. Citing Supreme Court decisions, the court stated that a petition challenging physical confinement generally belongs in the federal district where the petitioner is confined. Winn Correctional Center is in the Western District of Louisiana.

Under 28 U.S.C. § 1406(a), the court therefore transferred the petition to the United States District Court for the Western District of Louisiana in the interest of justice. The opinion did not decide whether Gittens’s detention was lawful or otherwise reach the merits of his challenge.

Disposition

The court directed the Clerk to transfer the action immediately and waived the seven-day waiting period under the local rule. The order closed the case in the Southern District of New York. It stated that the transferee court would decide whether Gittens could proceed without paying fees.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order was issued by Judge George B. Daniels.