Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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CARLOS ALFREDO FAMA PEREZ,
Petitioner,
-against-
HAYNES, et. al.,
Respondents.
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1:26-cv-01037 (ALC)
ORDER TO TRANSFER
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ANDREW L. CARTER, JR., United States District Judge:
On February 6, 2026, Petitioner Carlos Alfredo Fama Perez (“Petitioner”) filed a
petition for writ of habeas corpus under 8 U.S.C. § 2241. Dkt. No. 1.
In order to entertain a habeas corpus petition, a court must have jurisdiction over the
person seeking such relief. See Braden v. 30th Jud. Cir. Ct. of Ky., 410 U.S. 484, 494-95 (1973).
Jurisdiction to consider a Section 2241 habeas corpus challenge to a person’s physical
confinement generally lies in the district court for the federal district where that person is
confined. Rumsfeld v. Padilla, 542 U.S. 426, 442-443 (2004); see also Khalil v. Joyce, 771 F.
Supp. 3d 268, 280-86 (S.D.N.Y. 2025) (holding that the court lacked habeas jurisdiction where
the petition was transferred from 26 Federal Plaza to a facility in the District of New Jersey and
petitioner was in New Jersey at the time of the filing of the petition).
On February 12, 2026, Respondents filed a Motion to Transfer this suit to the United
States District Court for the Eastern District of New York. Dkt. No. 5. Respondents contend that
this Court lacks jurisdiction over Petitioner because Petitioner as not present in or detained
within this district when the Petition was filed. Dkt. No. 5 at 2. Instead, Petitioner was detained
at the Metropolitan Detention Center (“MDC”) in Brooklyn, New York, which is located within
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the Eastern District of New York. Given that Petitioner was detained in Louisiana at the MDC
when the Petition was filed, this Court lacks jurisdiction over this case. Because this Petition
should have been brought in the United States District Court for the Eastern District of New
York, the Court finds that it is in the best interest of justice to transfer this action pursuant to 28
U.S.C. § 1406(a).
The Clerk of Court is respectfully directed to terminate all pending motions and transfer
this case to the United States District Court for the Eastern District of New York. To ensure that
Petitioner’s habeas petition is heard in the proper forum without undue delay, this Court finds
that the seven-day waiting period in Local Civil Rule 83.1 should be waived, and this case
should be promptly transferred.
In light of the above, the Court’s February 6, 2026 Order (Dkt. No. 3) setting a telephonic
conference for February 20, 2026 is hereby VACATED. Therefore, the Parties need not appear
telephonically nor contact the Court for a telephonic conference tomorrow.
Finally, Interested Party Yuri Hovhannisyan is directed to contact Petitioner to inform
him of this Order.
SO ORDERED.
Dated: 	February 19, 2026 	___________________________________
New York, New York 	ANDREW L. CARTER, JR.
United States District Judge
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