Palacios Alvarado v. Gillis
- Rochon
- 1:22-cv-10082
- U.S. District Court · Southern District of New York
- 2
In Palacios Alvarado v. Gillis, Judge Rochon transferred the petition to Mississippi after finding New York lacked jurisdiction.
Lucas Palacios Alvarado and the respondents named in the case; the action was transferred from the Southern District of New York to the Southern District of Mississippi without a ruling on the request for release.
What happened
Lucas Palacios Alvarado asked the Southern District of New York to order his release from immigration custody. His case was against Shawn Gillis and other respondents.
A magistrate judge recommended transferring the case to the Southern District of Mississippi because the New York court lacked jurisdiction. Neither side filed timely objections to that recommendation.
Judge Jennifer L. Rochon adopted the recommendation in full and ordered the case transferred to the Southern District of Mississippi. The order did not decide whether Palacios Alvarado should be released.
The detailed version
- Palacios Alvarado v. Gillis · No. 1:22-cv-10082
- Rochon
- Aug. 22, 2023
Background
Lucas Palacios Alvarado filed a petition under 28 U.S.C. § 2241, a federal procedure for challenging certain forms of custody, seeking release from immigration custody. The respondents were Shawn Gillis and others.
Magistrate Judge’s Recommendation
On August 3, 2023, Magistrate Judge Katharine H. Parker recommended that the Southern District of New York lacked jurisdiction over the action and that the case should be transferred to the United States District Court for the Southern District of Mississippi under 28 U.S.C. § 1631. The recommendation warned that failing to object on time would waive objections and prevent appellate review.
Neither Palacios Alvarado nor the respondents filed timely objections. Judge Rochon therefore reviewed the recommendation for clear error, meaning an obvious mistake in its factual or legal reasoning. She found that the recommendation was sound and not clearly erroneous.
Ruling
Judge Rochon adopted the recommendation in full and ordered the case transferred to the Southern District of Mississippi. The Clerk of Court was directed to transfer the action immediately. The order resolved where the case should proceed, not whether Palacios Alvarado was entitled to release.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.