Cheng v. The Department of Justice

Background

Zhilong Cheng, who was representing himself, filed a petition under 28 U.S.C. § 2241, a federal law that allows a person to challenge certain forms of custody. Cheng sought release from immigration detention. The opinion states that he was detained at Pike County Correctional Facility in Lords Valley, Pennsylvania.

Reason for Transfer

The court explained that a court hearing a custody challenge must have authority over the person or entity holding the petitioner. For a challenge to physical confinement, the proper federal district generally is the district where the petitioner is confined. The court identified the Middle District of Pennsylvania as a proper venue because Pike County Correctional Facility is located there. The court also noted documents suggesting that a Pennsylvania lawyer representing Cheng was seeking his release. Cheng did not state facts showing that the Southern District of New York was a proper venue. The opinion says Cheng mailed the petition to that court because he believed Judge Jed S. Rakoff would be sympathetic, but the court explained that venue is not determined by that consideration.

Disposition

The court transferred the petition to the United States District Court for the Middle District of Pennsylvania under 28 U.S.C. § 1406(a), a statute allowing transfer when venue is improper or should be changed in the interest of justice. The Clerk was directed to mail Cheng a copy of the order, record service, and transfer the action. The transferee court was left to decide whether Cheng could proceed without paying fees. The order closed the Southern District of New York case. Judge Colleen McMahon also certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees.