Western District of New York • 6:26-cv-06306

#1

Mar 17, 2026

PETITION for Writ of Habeas Corpus, filed by Freddy Aucatoma Aldaz. (Attachments: # 1 Civil Cover Sheet, # 2 Next Friend Letter, # 3 Envelope)(DMK) (Entered: 03/18/2026)

#2

Mar 17, 2026

MOTION for Temporary Restraining Order by Freddy Aucatoma Aldaz. (DMK) (Entered: 03/18/2026)

Mar 17, 2026

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms.Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to next friend, Liliana del Rocio Caraguay Solorzano,339 Doat St., Buffalo, NY 14211. (DMK)

Mar 17, 2026

Filing fee: $ 5.00, receipt number 100009184. (DMK) Modified payment date on 3/18/2026 (DMK).

#3

Mar 19, 2026

TEXT ORDER. On March 17, 2026, pro se Petitioner Freddy Aucatoma Aldaz filed a petition for habeas corpus, pursuant to 28 U.S.C. § 2241, through a "next friend," alleging that he is being unlawfully detained by U.S. Immigration and Customs Enforcement ("ICE") at Broome County Correctional Facility ("BCCF"). Petitioner also filed a motion for a temporary restraining seeking to enjoin his transfer from the location of his current confinement. ECF No. 2. Petitioner alleges that BCCF is in Broome County and that Broome County is within the jurisdiction of the Northern District of New York ("Northern District"). ECF No. 1 at 1; See 28 U.S.C. § 112(a) (stating that Broome County is within the jurisdiction of the Northern District). Additionally, Petitioner directed the petition, a letter confirming payment of the filing fee, an affidavit of "next friend," and the TRO to the Northern District. Nevertheless, the petition and TRO were mailed to this District.Because it appears that Petitioner is detained at BCCF, in Broome County, the appropriate venue for this habeas corpus proceeding is the Northern District. See Rumsfeld v. Padilla, 542 U.S. 426, 447 (2004) ("Whenever a § 2241 habeas petitioner seeks to challenge his present physical custody within the United States, he should... file the petition in the district of confinement.") (citations omitted); Ozturk v. Hyde, 136 F.4th 382, 390 (2d Cir. 2025). Accordingly, in the interests of justice, the Clerk of Court shall transfer this case to the Northern District as soon as possible. See 28 U.S.C. §§ 1404(a), 1406(a) ("The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought."). The Clerk is directed to mail a copy of this text order to Petitioner's next friend at the address on record. SO ORDERED. Signed by Hon. Meredith A. Vacca on 3/19/2026. (MVP)Clerk to Follow up (Entered: 03/19/2026)