1 The return address on the envelope containing the Petition indicates that it was

mailed from Louisiana on May 2, 2005.

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

EMMANUEL LAROSE, :

:

Petitioner :

:

v. : CIVIL NO. 4:CV-05-0931

:

ALBERTO GONZALES, : (Judge Jones)

:

Respondent :

ORDER

May 10, 2005

 

Background

Emmanuel Larose (“Petitioner” or “Larose”) filed this pro se Petition for

Writ of Habeas Corpus (“the Petition”) pursuant to 28 U.S.C. § 2241 regarding his

detention at the Plaquemines Parish Detention Center, in Braithwaite, Louisiana.1

 In

his Petition, which was filed on May 6, 2005, Larose describes himself as being a

detainee of the Bureau of Immigration and Customs Enforcement (“BICE”). The

Petition is not accompanied by either the required filing fee or an in forma pauperis

application.

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Named as Respondent is Secretary Alberto Gonzales of the Department of

Homeland Security. Petitioner indicates that he is a native of Haiti who is being

detained by the BICE pending his deportation. His Petition challenges his pending

removal on the grounds that he did not commit an aggravated felony and his rights

under the provisions of the Convention Against Torture (“CAT”) have been violated. 

He also seeks an emergency stay of deportation. (See Rec. Doc. 1, at 1). In a notice

filed May 9, 2005, Petitioner indicates that his removal may be scheduled for May 16,

2005. (See Rec. Doc. 3).

Relief pursuant to § 2241 may only be sought in the district court having

jurisdiction over a petitioner’s custodian. See Rumsfeld v. Padilla, 124 S. Ct. 2711,

2718 (2004)(jurisdiction for habeas corpus petitions challenging present physical

confinement lies in only one district; the district of confinement); Braden v. 30th

Judicial Circuit Court, 410 U.S. 484, 494-95 (1973); Billiteri v. United States Board

of Parole, 541 F.2d 938, 948 (2d Cir. 1976). Larose has informed the Court that at the

time his Petition was filed, he was confined at the Plaquemines Parish Detention

Center which is located within the confines of the United States District Court for the

Western District of Louisiana. 28 U.S.C. § 1406(a) permits a district court, in the

interests of justice, to transfer a case where the venue is improper to another district

court in which it could have been brought.

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 This Court clearly lacks jurisdiction over the Warden of the Plaquemines

Parish Detention Center. Consequently, pursuant to § 1406(a), Larose’s Petition will

be transferred to the Western District of Louisiana. Furthermore, in the interests of

justice, Petitioner’s request for a stay of deportation will be temporarily granted

pending further action by the transferee court. 

NOW, THEREFORE, IT IS ORDERED THAT:

1. Petitioner is granted temporary leave to proceed in forma pauperis for

the sole purpose of the filing of the Petition with this Court.

2. The Clerk of Court is directed to transfer this Petition to the United

States District Court for the Western District of Louisiana.

3. Petitioner is granted a temporary stay of deportation pending further

action by the transferee court. 

4. The Clerk of Court is directed to close the case. 

s/ John E. Jones III

JOHN E. JONES III

United States District Judge

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