Murillo v. Rice

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
INGRIS ESTELLA HERNANDEZ-MURILLO 	CIVIL ACTION
VERSUS 	NO. 25-2570
SHAD RICE 	SECTION: D (5)
ORDER AND REASONS
Before the Court is a Petition for Writ of Habeas Corpus Under 28 U.S.C.
§ 2241 filed by Ingris Estella Hernandez-Murillo challenging the validity of
her detention at South Louisiana ICE Processing Center in Basile, Louisiana.1
Petitioner claims that her due process rights have been violated by her unlawful
detention.2 Before reaching the merits of Petitioner’s claim, this court sua sponte
determines whether it has jurisdiction.
Pursuant to 28 U.S.C. 2241(d), an application for a writ of habeas corpus made
by a person in custody “may be filed in the district court for the district wherein such
person is in custody.”3 Petitioner alleges that she is in custody in a detention facility
in Basile, Louisiana.4 Basile, Louisiana is located within the Western District of
Louisiana. Accordingly, this court has no authority to entertain Petitioner’s claim for
relief.
1 R. Doc. 1.
2 Id.
3 28 U.S.C. § 2241(d). Also see United States v. McPhearson, 451 F. Appx 384 (5th Cir. 2011).(“ The
only district that may consider a habeas corpus challenge to present physical confinement pursuant
to § 2241 is the district in which the prisoner is confined,” citing Rumsfeld v. Padilla, 542 U.S. 426,
442-43 (2004).)
4 R. Doc. 1 at p. 1.
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In light of the seriousness of Petitioner’s claim that she is being unlawfully
detained, and in the interest of justice so that this matter may be expeditiously
considered, the matter is being transferred to the district court in which it could have
been properly brought.5
Accordingly,
IT IS HEREBY ORDERED that the above-captioned matter is immediately
transferred to the United States District Court for the Western District of Louisiana.
IT IS FURTHER ORDERED that a copy of this Order be sent by email to
Tiffany@tiffanywalkerlaw.com.
New Orleans, Louisiana, January 1, 2026.
_____________________________
WENDY B. VITTER
UNITED STATES DISTRICT JUDGE
5 28 U.S.C. §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.”)
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