Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
DELROY HORACE MCPHERSON,
Petitioner,
v.
U.S. IMMIGRATION AND CUSTOMS
ENFORCEMENT,
Respondent.
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Civil Action No.
23-10912-FDS
ORDER OF TRANSFER
SAYLOR, C.J.
Delroy Horace McPherson, who is confined in Dover, New Hampshire, in a facility
operated by the Strafford County Department of Corrections, has filed a petition under 28 U.S.C.
§ 1441 for a writ of habeas corpus. McPherson, an immigration detainee, seeks immediate
release.
The Court does not have jurisdiction over this matter. District courts are limited to
granting habeas relief ‘within their respective jurisdictions.’” Rumsfeld v. Padilla, 542 U.S. 426,
442 (2004) (quoting 28 U.S.C. § 2241(a)). Unless a statute explicitly states otherwise, “for core
habeas petitions challenging present physical confinement, jurisdiction lies in only one district:
the district of confinement.” Id. at 443. Here, McPherson challenges his present physical
confinement in New Hampshire.
Because jurisdiction over McPherson’s petition does not lie in the District of
Massachusetts, the Court hereby orders that this action be TRANSFERRED to the United States
Case 1:23-cv-00249 Document 3 Filed 04/28/23 Page 1 of 2

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District Court for the District of New Hampshire. See 28 U.S.C. § 1404(a) (providing for the
transfer of a civil action “to any other district or division where it might have been brought”).
So Ordered.
/s/ F. Dennis Saylor IV
F. Dennis Saylor IV
Chief Judge, United States District Court
Dated: April 28, 2023
Case 1:23-cv-00249 Document 3 Filed 04/28/23 Page 2 of 2