Duenas v. Immigration and Customs Enforcement

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JENY LETICIA SOTO DUENAS 	CIVIL ACTION
VERSUS 	NO. 26-567
IMMIGRATION AND CUSTOMS ENFORCEMENT 	SECTION L (1)
ORDER AND REASONS
Plaintiff Jeny Leticia Soto Duenas has filed a habeas corpus petition pursuant to 28 U.S.C.
§ 2241 challenging the validity of her detention in the South Louisiana ICE Processing Center. R.
Doc. 1. Before considering the merits of the petition, “the Court must determine as a threshold
matter whether it has proper jurisdiction to entertain Plaintiff’s habeas petition pursuant to 28
U.S.C. § 2241(a).” Dada v. Witte, No. 20-1093, 2020 WL 1674129, at *2 (E.D. La. Apr. 6, 2020).
“[T]he only district that may consider a habeas corpus challenge to present physical confinement
pursuant to § 2241 is the district court in which the prisoner is confined.” Id. (quoting United States
v. McPhearson, 451 F. App’x 384, 387 (5th Cir. 2011)); see also 28 U.S.C. § 2241(d).
The South Louisiana ICE Processing Center is located in Basile, LA, within Acadia Parish.
R. Doc. 1 at 1. Acadia Parish is located in the Lafayette Division of the Western District of
Louisiana. Because Plaintiff is confined in the Western District of Louisiana, this Court does not
have jurisdiction to consider her petition. In such a case, pursuant to 28 U.S.C. § 1406(a), the Court
may either dismiss the petition or, if in the interest of justice, transfer it to the correct district. The
Court finds it in the interest of justice to transfer Plaintiff’s petition to the Western District of
Louisiana. Accordingly;
Case 2:26-cv-00567-EEF-JVM Document 2 Filed 03/17/26 Page 1 of 2

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IT IS ORDERED that the above-captioned action is hereby TRANSFERRED to the
United States District Court for the Western District of Louisiana, Lafayette Division.
New Orleans, Louisina, this 17th day of March, 2026.
United States District Judge
Case 2:26-cv-00567-EEF-JVM Document 2 Filed 03/17/26 Page 2 of 2