District of Columbia • 1:26-cv-01767

#1

May 06, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 211921.) filed by OSCAR CHAVEZ SALDIVAR. (Attachments: # 1 Civil Cover Sheet)(zhcn) (Entered: 05/22/2026)

May 23, 2026

MINUTE ORDER. Before the Court is the petitioner's 1 Writ of Habeas Corpus. The petitioner states that he is in U.S. Immigration and Customs Enforcement custody in a detention facility in San Diego, California. Dkt. 1, at 1. He names as respondent the warden of the Otay Mesa Detention Center in San Diego. Id.; see, e.g., Flores v. Larose, 2026 WL 1269891 (S.D. Cal. May 8, 2026). In his petition under 28 U.S.C. § 2241, the petitioner asks this Court to "immediately release [him] from custody." Dkt. 1, at 8 (citation modified). This Court is not the proper forum to consider this writ against the petitioner's immediate custodian seeking release. See 28 U.S.C. § 2241(a); Rumsfeld v. Padilla, 542 U.S. 426, 439 (2004); Stokes v. U.S. Parole Comm'n, 374 F.3d 1235, 1237-38 (D.C. Cir. 2004); Vetcher v. Sessions, 316 F. Supp. 3d 70, 78 (D.D.C. 2018). Because the petitioner is detained in San Diego and names the warden of the facility as respondent, the proper court is the Southern District of California. The Court will transfer this petition to that court "in the interest of justice." 28 U.S.C. § 1631. Accordingly, it is ORDERED that this case is TRANSFERRED to the U.S. District Court for the Southern District of California. The Clerk of Court is directed to close this case after transfer is complete. So Ordered by Judge Dabney L. Friedrich on May 23, 2026. (lcdlf3)

May 23, 2026

.Order

May 26, 2026

Set/Reset Deadlines: Transfer due by 6/15/2026. (smc)

May 26, 2026

Set/Reset Deadlines

#2

Jun 16, 2026

Case Transferred Out

Jun 18, 2026

Receipt and Acknowledgment of Transfer Papers