Delgado v. Department of Homeland Security and Immigration and Customs Enforcement, No. 2:2022cv03104 - Document 7 (E.D. La. 2022)
Court Description: ORDER AND REASONS dismissing the petition with prejudice. Signed by Judge Lance M Africk on 10/11/2022.(ko)
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Delgado v. Department of Homeland Security and Immigration and Customs Enforcement Doc. 7 Case 2:22-cv-03104-LMA-JVM Document 7 Filed 10/11/22 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA SEVERIANO GONZALES DELGADO VERSUS CIVIL ACTION NO. 22-3104 DEPARTMENT OF HOMELAND SECURITY AND IMMIGRATION AND CUSTOMS ENFORCEMENT SECTION I ORDER & REASONS Before the Court is a petition 1 by Severiano Gonzales Delgado (“Delgado”) seeking relief from a federal conviction in the Northern District of Alabama. 2 The petition states that Delgado is currently “serving a state sentence, with a future federal sentence to serve.” 3 The petition indicates that Delgado is currently incarcerated in a state facility in Alabama. 4 It is not clear whether Delgado is seeking relief pursuant to 28 U.S.C. § 2241, 28 U.S.C. § 2255, or both. 5 This Court lacks jurisdiction to provide relief pursuant to either statute, and will therefore dismiss Delgado’s petition. Section 2241 authorizes district courts to grant habeas corpus relief “within R. Doc. No. 6. Id. at 2 (listing a case in the United States District Court for the Northern District of Alabama as “the decision or action [Delgado is] challenging”) 3 Id. at 1. 4 Id. (listing “Limestone Corrections, Alabama Department of Corrections” under “place of confinement”) 5 The form petition is labeled “Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241,” and Delgado has also filled out the section labeled “Motion Under 28 U.S.C. § 2255.” He further states that he wants the Court to “vacate [his] firearm convictions and order [him] deported from the United States.” Id. at 8. 1 2 Dockets.Justia.com Case 2:22-cv-03104-LMA-JVM Document 7 Filed 10/11/22 Page 2 of 2 their respective jurisdictions.” 28 U.S.C. 2241(a). “[T]he district of incarceration is the only district that has jurisdiction to entertain a defendant’s § 2241 petition.” Lee v. Wetzel, 244 F.3d 370, 373 (5th Cir. 2001). Because Delgado is not incarcerated within the Eastern District of Louisiana, this Court lacks jurisdiction over his § 2241 petition. Section 2255 allows an incarcerated person to challenge the validity of their sentence by “mov[ing] the court which imposed the sentence to vacate, set aside, or correct the sentence.” 28 U.S.C. § 2255(a). “A section 2255 motion must be filed in the sentencing court.” Pack v. Yusuff, 218 F.3d 448, 452 (5th Cir. 2000); accord Ojo v. Immigr. & Naturalization Serv., 106 F.3d 680, 683 (5th Cir. 1997) (“[T]he only court with jurisdiction to hear [petitioner’s § 2255 claims] is the court that sentenced him[.]”). This Court did not impose either of Delgado’s sentences. This Court therefore lacks jurisdiction over his § 2255 petition. Accordingly, IT IS ORDERED that the petition is DISMISSED WITH PREJUDICE. New Orleans, Louisiana, October 11, 2022. ________________________________ LANCE M. AFRICK UNITED STATES DISTRICT JUDGE
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