Eastern District of New York • 2:25-cv-05395

#1

Sep 25, 2025

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19477549, filed by Kristhian Antonio Villatoro Fuentes.Was the Disclosure Statement on Civil Cover Sheet completed -No,, (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit NTA) (Garzon, John) Modified on 9/25/2025 (SMF). (Entered: 09/25/2025)

#2

Sep 25, 2025

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) (Entered: 09/25/2025)

#3

Sep 25, 2025

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (SMF) (Entered: 09/25/2025)

Sep 25, 2025

Quality Control Check - Summons

Sep 25, 2025

Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SMF)

Sep 25, 2025

Case Assigned to Judge Joan M. Azrack. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SMF)

Sep 25, 2025

Case Assigned/Reassigned

Sep 26, 2025

Case Transferred Out - District Transfer

Sep 26, 2025

Order(Other)

Sep 26, 2025

Case transferred to District of Southern District of Texas electronically. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (LC)

Sep 26, 2025

ORDER: On September 25, 2025, Petitioner Kristhian Antonio Villatoro Fuentes filed the instant Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging his ongoing detention by Immigration and Customs Enforcement ("ICE"). (Petition ("Pet."), ECF No. 1.) Petitioner claims that "[v]enue is proper in the Southern District of New York" because he was "initially detained by [ICE] agents and transported to 26 Federal Plaza, New York City, which is located within this District." (Id. 21.) According to the Petition, however, after "approximately 15 days" of being held at 26 Federal Plaza, Petitioner was "then transferred to the Joe Corley Detention Facility in Texas, far from his family and community in New York, and remains detained there..." (Id. 11-12.) As articulated in Khalil v. Joyce, 771 F. Supp. 3d 268 (S.D.N.Y. 2025), "a person challenging his detention through a habeas petition is required to file that petition in the federal district where he is detained at the time of filing." Khalil, 771 F. Supp. 3d at 273 (citing Rumsfeld v. Padilla, 542 U.S. 426 (2004)). On the face of the Petition, then, venue is proper only in the Southern District of Texas - the judicial district where at the time of filing Petitioner is currently detained in the Joe Corley Detention Center, 500 Hilbig Road, Conroe, Texas. See Valentinis-Dee v. Joe Corley Geo Det. Ctr. Captain, No. 9:25-CV-21, 2025 WL 414044, at *1 (E.D. Tex. Feb. 4, 2025) (holding that the Joe Corley Detention Center in Conroe, Texas is "located in the Houston Division of the United States District Court for the Southern District of Texas.") Thus, the Court concludes that the instant habeas petition is improperly filed in the Eastern District of New York. The Court therefore TRANSFERS this action, pursuant to 28 U.S.C. § 1406(a), to the United States District Court for the Southern District of Texas. The Clerk of the Court is respectfully directed to effectuate the transfer consistent with this Order. Ordered by Judge Joan M. Azrack on 9/26/2025. (MO)

Sep 30, 2025

Transfer Case Opened