Patzan Chamale v. United States Department of Homeland Security

Background

Jose Matias Patzan Chamale was being held by U.S. Immigration and Customs Enforcement at the Hudson County Jail in Kearny, New Jersey. Through counsel, he filed a petition for a writ of habeas corpus, a court request challenging detention, and sought immediate release from immigration custody while his removal proceedings continued. He based the request on the COVID-19 pandemic.

Venue analysis

The court treated the petition as a “core” detention challenge because it challenged Patzan Chamale’s present physical confinement. Relying on its earlier decision in a related proceeding and other decisions, the court stated that the immediate custodian in such a case is the warden of the facility where the person is physically held. The court therefore concluded that venue lies in the district of confinement, not necessarily where federal immigration officials or their field office are located.

Patzan Chamale had been confined exclusively in the District of New Jersey since his arrest on December 6, 2019. The court noted that most Southern District of New York judges who had considered the issue, as well as other courts including the U.S. Court of Appeals for the Seventh Circuit, had taken the same approach. The court did not reach whether continued detention violated Patzan Chamale’s rights or whether he should be released.

Ruling

Judge Paul A. Engelmayer held that the Southern District of New York lacked venue over the detention claims. The court transferred the case to the District of New Jersey. It waived the seven-day period ordinarily provided by Local Civil Rule 83.1 and directed the Clerk of Court to complete the transfer as soon as possible because of the liberty interests involved and the health risks the court associated with continued confinement.

Disposition

Transferred to the District of New Jersey. The opinion does not state that the petition was granted or denied on the request for release.