Irving v. US Border Agency

Background

Kenarice Irving brought the action without a lawyer. He alleged that his claims arose at John F. Kennedy Airport in Queens County, New York. According to the opinion, after Irving returned from Jamaica on September 5, 2023, an “aggressive arrogant man wearing a badge” briefly detained him, did not identify himself or his agency, and conducted a “hostile” interrogation. Irving alleged that the individual engaged in selective enforcement based on race.

Venue and Transfer

The court explained that federal venue generally is proper where a defendant resides, where a substantial part of the events occurred, or, in some circumstances, where a defendant is subject to personal jurisdiction. The court concluded that venue was not proper in the Southern District under the provision covering where the events occurred because JFK Airport is in Queens County, within the Eastern District of New York. The complaint also did not show that the defendant resided in the Southern District, so it was unclear whether venue was proper there on that basis.

The court determined that transfer was appropriate under 28 U.S.C. § 1404(a), which allows a court to move a case for the convenience of the parties and witnesses and in the interest of justice. The underlying events occurred in Queens County, and the court considered it reasonable to expect that relevant documents and witnesses would also be located there. It therefore transferred the action to the United States District Court for the Eastern District of New York.

Disposition

The clerk was directed to transfer the action, and the Southern District case was closed. The opinion states that the transferee court would decide whether Irving could proceed without prepaying fees. The Southern District directed that no summons issue from that court. It also certified that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The court did not rule on the merits of Irving’s allegations.