Sho v. Current or Acting Field Office Director

Background

Monsuru Sho, an Immigration and Customs Enforcement detainee at the Golden State Annex in McFarland, California, filed a petition under 28 U.S.C. § 2241. He claimed that his prolonged detention without a hearing to decide whether he presented a flight risk or danger was unconstitutional. Sho was representing himself. He also filed motions to proceed without paying filing fees, for appointment of counsel, and for an emergency bond hearing.

Venue and Transfer

The court explained that a federal detention petition may be heard in a district with authority over the detainee’s custodian. Because the Golden State Annex was managed by the San Francisco Field Office, the Northern District of California might have authority to hear Sho’s petition. But the court stated that the district where a detainee is confined is generally the more convenient forum, so long as transfer does not cause undue delay.

Sho was detained in Kern County, which is within the Eastern District of California. The court therefore found that the Eastern District was the preferred forum in the interests of justice and convenience.

Ruling

The court transferred the case to the United States District Court for the Eastern District of California as the convenient forum under 28 U.S.C. § 1406(a). It ordered the Clerk to transfer the entire file and terminate all pending motions. The court did not decide whether Sho was entitled to a bond hearing or whether his detention was unconstitutional.