Llugsha v. Doe

Background

Alex Hernan Pacha Llugsha filed a petition under 28 U.S.C. § 2241, a federal law allowing a person to challenge certain detention. The petition alleged that a government agent detained Petitioner on November 10, 2025, and brought him to 26 Federal Plaza in Manhattan, New York.

The court issued an order requiring Respondents to respond by November 14, 2025, Petitioner to reply by November 18, 2025, and counsel for the parties to attend a conference on November 20, 2025. Respondents then moved to transfer the case to the U.S. District Court for the District of New Jersey, arguing that Petitioner was already in New Jersey when his representative filed the petition. The opinion cited authority stating that, for a core detention challenge, jurisdiction generally lies in the district where the person is confined, but the court did not decide the transfer motion in this order.

Ruling

Petitioner’s representative moved for a one-week extension to obtain a declaration from Petitioner about the timing of his transfer to New Jersey. The court granted that motion. Any further declaration was due by Monday, December 1, 2025; if Petitioner did not plan to file one, the court required notification by that date.

The court also directed Respondents to make all reasonable efforts to allow Petitioner’s representative to communicate with Petitioner to prepare the declaration. It adjourned the November 20 conference without setting a future date. The court stated that it would issue an order addressing Respondents’ transfer motion after receiving any further declaration.

Effect of the Order

This order addressed the extension and scheduling issues. It did not decide whether the case should be transferred and did not decide the underlying detention challenge.