J.G. v. Decker
- Paul Gardephe
- 1:22-cv-06273
- U.S. District Court · Southern District of New York
- 3
In J.G. v. Decker, Judge Gardephe granted reconsideration and ruled that the court had jurisdiction over J.G.’s custody challenge after his transfer.
J.G. and the government respondents in the custody challenge; the order also directed the parties to notify appropriate authorities in the Southern District of Mississippi.
What happened
In J.G. v. Decker, J.G. asked the court to order his release from custody or, alternatively, to hold a hearing about bond. The court had previously ordered the case transferred to the Southern District of Mississippi because it believed J.G. was there when he filed the petition.
J.G. then moved the court to reconsider. He explained that he filed the petition before he was placed in a van for transfer to Mississippi. The government agreed with that account and agreed that J.G. was in custody in this district when he filed the petition.
Judge Paul G. Gardephe ruled that the court had jurisdiction over the petition and granted J.G.’s motion for reconsideration. The parties were directed to bring the order to the attention of the appropriate authorities in the Southern District of Mississippi.
The detailed version
- J.G. v. Decker · No. 1:22-cv-06273
- Paul Gardephe
- Dec. 29, 2022
Background
J.G. filed this custody challenge, known as a habeas petition, seeking an order requiring his release or, alternatively, a hearing on whether he should receive bond. The court had previously directed the Clerk of Court to transfer the action to the United States District Court for the Southern District of Mississippi. That earlier order concluded that the court lacked jurisdiction because J.G. was in Mississippi custody when he filed the petition.
Motion for Reconsideration
J.G. moved for reconsideration after the case was transferred. He disclosed that he filed his original petition at 12:21 a.m. on July 25, 2022, and was placed in a van for transport to Mississippi at about 3:00 a.m. The government agreed that J.G. was in custody in this district when he filed the petition and agreed that this court had jurisdiction.
The court concluded that it had jurisdiction to decide the reconsideration motion because the case was transferred electronically one day after the transfer order, leaving J.G. no opportunity to seek relief from that order.
Ruling
The court held that it had jurisdiction over the petition. It explained that when the government moves a habeas petitioner after the petitioner properly files a petition naming the immediate custodian, the district court retains jurisdiction and may direct the petition to a respondent within its jurisdiction who has legal authority to carry out the petitioner’s release.
Judge Paul G. Gardephe granted J.G.’s motion for reconsideration. The order directed the parties to bring it to the attention of the appropriate authorities in the Southern District of Mississippi. The opinion does not state any ruling on whether J.G. was entitled to release or bond.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.