Southern District of California • 3:26-cv-04664

Crisologo Chiroque v. Field Office Director, Newark Field Office, U.S. Immigration and Customs Enforcement

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Case Information

Filed: August 13, 2026
Assigned to: Andrew G. Schopler
Referred to: Steve B. Chu
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: August 18, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 10, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NEW 54827.), filed by NAHOMI BRIGGITH CRISOLOGO CHIROQUE. (Attachments: # 1 Envelope, # 2 Notice of Submission of Fee)(mfr) [Transferred from New Jersey on 8/14/2026.] (Entered: 08/10/2026)
Main Document: PETITION
#2
Aug 10, 2026
ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Brian R. Martinotti on 8/10/2026. (mfr) [Transferred from New Jersey on 8/14/2026.] (Entered: 08/10/2026)
Main Document: ORDER.
#3
Aug 12, 2026
NOTICE of Appearance by SANDRA ANN BOBER on behalf of DIRECTOR, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, FIELD OFFICE DIRECTOR, NEWARK FIELD OFFICE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, WARDEN, DELANEY HALL DETENTION FACILITY (BOBER, SANDRA) [Transferred from New Jersey on 8/14/2026.] (Entered: 08/12/2026)
Main Document: NOTICE
#4
Aug 12, 2026
NOTICE of Appearance by JEWELL CHRISTIAN STEWART on behalf of DIRECTOR, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, FIELD OFFICE DIRECTOR, NEWARK FIELD OFFICE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, WARDEN, DELANEY HALL DETENTION FACILITY (STEWART, JEWELL) [Transferred from New Jersey on 8/14/2026.] (Entered: 08/12/2026)
Main Document: NOTICE
#5
Aug 12, 2026
Letter from Respondents re: Request for Dismissal or Transfer to the Southern District of California. (Attachments: # 1 Exhibit A - 2026.7.31 Notice to EOIR - Alien Address)(BOBER, SANDRA) [Transferred from New Jersey on 8/14/2026.] (Entered: 08/12/2026)
Main Document: Letter
#6
Aug 13, 2026
TEXT ORDER: Before the Court is Petitioner Nahomi Briggith Crisologo Chiroque's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging her continued detention by immigration authorities (ECF No. 1) and Respondents' letter request to transfer this matter to the Southern District of California (ECF No. 5). Respondents submit that Petitioner was transferred to Otay Mesa Detention Center ("OMDC") in San Diego, California on August 1, 2026. (Id.; ECF No. 5-1.) The Court received Petitioner's Petition on August 10, 2026. (ECF No. 1.) The Petition was signed on July 29, 2026 but the envelope shows that it was mailed from Stafford, Texas on August 3, 2026. (See id. at 14; see also ECF No. 1-1.) The sole proper respondent in a petition brought under 28 U.S.C. § 2241 is the warden of the facility where the detainee is currently being held. See Rumsfeld v. Padilla, 542 U.S. 426, 436 (2004); Yi v. Maugans, 24 F.3d 500, 507 (3d Cir. 1994). Petitioner is currently confined in the Southern District of California and according to the Notice to EOIR: Alien Address, Petitioner was confined in the Southern District of California at the time the Petition was mailed and at the time the Court received the Petition. (See ECF No. 5-1.) Therefore, the only proper respondent would be the Warden of OMDC in San Diego, California, where Petitioner is confined. District courts "are limited to granting habeas relief 'within their respective jurisdictions.' 28 U.S.C. § 2241(a)." Padilla, 542 U.S. at 442. A writ of habeas corpus pursuant to § 2241 may therefore only be issued by the district court in which the petitioner is currently confined, in this case the Southern District of California, which has jurisdiction over San Diego, California. Id.; see also Yi v. Maugans, 24 F.3d 500, 507 (3d Cir. 1994) ("[a] district court's habeas corpus jurisdiction is territorially limited and extends only to persons detained and custodial officials acting within the boundaries of that district"). Because Petitioner is challenging her continued detention in California, this Court finds that it would be in the interests of justice to transfer this matter to the appropriate court, in this case the Southern District of California District Court. 28 U.S.C. § 1631. Accordingly, it is ORDERED that Respondents' letter request for transfer to the Southern District of California (ECF No. 5) is GRANTED. It is further ORDERED that the Clerk of the Court shall TRANSFER this action to the United States District Court for the Southern District of California and CLOSE this matter. So Ordered by Judge Brian R. Martinotti on 08/13/2026. (lr, ) [Transferred from New Jersey on 8/14/2026.] (Entered: 08/13/2026)
#7
Aug 13, 2026
Case transferred in from District of New Jersey; Case Number 2:26-cv-10124. Original file received electronically (Entered: 08/14/2026)
Main Document: Case Transferred In - District Transfer (Electronic Transfers Only)
#8
Aug 13, 2026
District Judge Andrew G. Schopler and Magistrate Judge Steve B. Chu assigned to transfer case from District of New Jersey. (All non-registered users served via U.S. Mail Service)(no document attached) (ggv) (Entered: 08/14/2026)
Aug 13, 2026
***Civil Case Terminated. (wh) [Transferred from New Jersey on 8/14/2026.]
Aug 14, 2026
Electronic Transfer In
#9
Aug 17, 2026
ORDER (AGS): For this immigration habeas petition, the Court adopts the Standard Procedures from Chief Judge Order No. 144. So, respondents' answer is due August 24, 2026, and petitioner's reply is due August 31, 2026. The Court sets oral argument for September 8, 2026, at 10:00 a.m. Respondents' counsel is responsible for coordinating petitioner's in-person participation. And in its answer, respondents' counsel must notify the Court as to whether petitioner will require an interpreter at the hearing and, if so, which language. Signed by District Judge Andrew G. Schopler on 08/17/2026. (All non-registered users served via U.S. Mail Service) (no document attached) (jxg3) (Entered: 08/17/2026)
Aug 17, 2026
Order AND ~Util - Set Motion and R&R Deadlines/Hearings
#10
Aug 18, 2026
NOTICE of Appearance and Substitution of Counsel by Danielle Lynn Brown on behalf of Director, U.S. Immigration and Customs Enforcement, Field Office Director, Newark Field Office, U.S. Immigration and Customs Enforcement, Secretary U.S Department of Homeland Security, Warden, Delaney Hall Detention Facility (Attachments: # 1 Proof of Service)(Brown, Danielle)Attorney Danielle Lynn Brown added to party Director, U.S. Immigration and Customs Enforcement(pty:res), Attorney Danielle Lynn Brown added to party Field Office Director, Newark Field Office, U.S. Immigration and Customs Enforcement(pty:res), Attorney Danielle Lynn Brown added to party Secretary U.S Department of Homeland Security(pty:res), Attorney Danielle Lynn Brown added to party Warden, Delaney Hall Detention Facility(pty:res) (Entered: 08/18/2026)
Main Document: Notice of Appearance
#11
Aug 18, 2026
NOTICE of Appearance by Erica Skerven on behalf of Director, U.S. Immigration and Customs Enforcement, Field Office Director, Newark Field Office, U.S. Immigration and Customs Enforcement, Secretary U.S Department of Homeland Security, Warden, Delaney Hall Detention Facility (Skerven, Erica)Attorney Erica Skerven added to party Director, U.S. Immigration and Customs Enforcement(pty:res), Attorney Erica Skerven added to party Field Office Director, Newark Field Office, U.S. Immigration and Customs Enforcement(pty:res), Attorney Erica Skerven added to party Secretary U.S Department of Homeland Security(pty:res), Attorney Erica Skerven added to party Warden, Delaney Hall Detention Facility(pty:res) (Entered: 08/18/2026)
Main Document: Notice of Appearance