Southern District of Texas • 4:25-cv-04648

#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

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 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 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)

#4

Sep 30, 2025

Case transferred in from New York Eastern. Case Number 2:25-cv-05395; certified copy of transfer order, certified docket sheet, and transfer letter received (Entered: 09/30/2025)

#5

Sep 30, 2025

CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (bkt4) (Entered: 09/30/2025)

#6

Sep 30, 2025

ORDER TO ANSWER AND ORDER DENYING REQUEST FOR ORDER TO SHOW CAUSE. Villatoro's requests for an order to show cause and an immediate hearing are DENIED. The respondents must respond to Villatoro' s petition per the schedule outlined above. The respondents must notify petitioner's counsel and the Court of any anticipated or planned transfer of Villatoro outside of the Southern District of Texas at least five (5) days before any such transfer. Within five (5) days of this Order, counsel for Villatoro must apply to appear in this matter pro hac vice in compliance with the Local Rules of the Southern District of Texas. (Signed by Judge David Hittner) Parties notified. (jww4) (Entered: 09/30/2025)

Sep 30, 2025

Referral Judge Selected: Magistrate Judge Christina A. Bryan randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (bkt4)

Sep 30, 2025

Referral Judge Selected