Mota v. Holder et al, No. 2:2015cv01603 - Document 19 (E.D. La. 2015)

Court Description: ORDER AND REASONS - the Court DISMISSES WITHOUT PREJUDICE Elvis Mota's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 and DENIES AS MOOT Mota's Motion for Preliminary Injunction.. Signed by Chief Judge Sarah S. Vance on 9/10/15. (jjs)

Download PDF
Mota v. Holder et al Doc. 19 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ELVIS MOTA CIVIL ACTION VERSUS NO: 15-160 3 ERIC J . HOLDER, J R., ET AL. SECTION: R(5) ORD ER AN D REASON S Pro se petitioner Elvis Mota filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241.1 Mota also m oved the Court to prelim inarily enjoin the Governm ent from rem oving Mota to the Dom inican Republic.2 Because the Court lacks jurisdiction, the Court dism isses Mota’s petition without prejudice. I. Backgro u n d Pro se petitioner Elvis Mota brings this section 2241 habeas petition seeking to be released from the custody of the U.S. Im m igration and Custom s Enforcem ent. At the tim e Mota filed his petition, he was in custody at the LaSalle Detention Facility in J ena, Louisiana, within the jurisdiction of the 1 R. Doc. 6. 2 R. Doc. 13. 1 Dockets.Justia.com United States District Court for the Western District of Louisiana.3 Mota has since notified the Court that he has been transferred to the Etowah County Detention Center in Gadsden, Alabam a.4 II. D is cu s s io n Section 2241 of Title 28 of the United States Code authorizes any person to claim in federal court that he or she is being held “in custody in violation of the Constitution or laws . . . of the United States. 28 U.S.C. § 2241(c)(3). To entertain jurisdiction over a section 2241 habeas petition, the federal district court m ust have jurisdiction over the petitioner or his custodian when the petition is filed. United States v. Gabor, 90 5 F.2d 76, 78 (5th Cir. 1990 ) (citations om itted); see also Hooker v. Sivley , 187 F.3d 680 , 682 (5th Cir. 1999) (“Such a petition m ust be filed in the district where the prisoner is incarcerated.”). Accordingly, a petitioner m ust file his habeas petition in the federal district in which he is physically present. Gabor, 90 5 F.2d at 78. Here, Mota was neither incarcerated in the Eastern District of Louisiana at the tim e he filed his petition, nor is he currently incarcerated in this district. Accordingly, the Court does not have jurisdiction to consider the m erits of 3 See R. Doc. 6 at 1. 4 See R. Doc. 12. 2 Mota’s habeas petition. Mota’s petition m ust be dism issed without prejudice. See Lee v. W etzel, 244 F.3d 370 , 375 (requiring courts to dism iss instead of transfer habeas petitions). Mota m ay re-file the petition in the proper forum . III. CON CLU SION For the foregoing reasons, the Court DISMISSES WITHOUT PREJ UDICE Elvis Mota’s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 and DENIES AS MOOT Mota’s Motion for Prelim inary Injunction. New Orleans, Louisiana, this 10th day of Septem ber, 20 15. ___ _____________________________________ SARAH S. VANCE UNITED STATES DISTRICT J UDGE 3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.