Lopez v. U. S. Homeland Security et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
JOSE GREGORIO MERENT LOPEZ,
Plaintiff,
VS.
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CIVIL ACTION NO. 2:26-CV-00059
U. S. HOMELAND SECURITY, et al.,
Defendants.
OPINION AND ORDER OF TRANSFER
Petitioner Angelica J. Padron Andradez as next friend of JOSE GREGORIO
MERENT LOPEZ, a federal prisoner currently housed by immigration authorities at the
GEO Rio Grande Detention Center in Laredo, Texas, has filed this 28 U.S.C. § 2241
petition (D.E. 1) challenging Merent Lopez’ detention by immigration officials. A
habeas action may be filed either in the district where the petitioner is in custody or in the
district in which the petitioner was convicted. 28 U.S.C. § 2241(d); Wadsworth v.
Johnson, 235 F.3d 959 (5th Cir. 2000). Merent Lopez’ place of incarceration is in the
Laredo Division of the Southern District of Texas. 28 U.S.C. § 124(b)(3).
For the convenience of parties and witnesses, in the interest of justice, a district
court may transfer any civil action to any other district or division where it might have
been brought. 28 U.S.C. §§ 1404(a), 1406(a). Specifically regarding a § 2241 petition, the
district court where a petition is filed, in the exercise of its discretion and in
furtherance of justice, may transfer the petition to the other eligible district court for
United States District Court
Southern District of Texas
ENTERED
February 27, 2026
Nathan Ochsner, Clerk
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hearing and determination. 28 U.S.C. § 2241(d). Here, Merent Lopez’ petition should
have been filed in the Laredo Division of the Southern District of Texas.
In the exercise of discretion and to further the interests of justice, the Clerk is
DIRECTED to transfer Merent Lopez’ petition to the Laredo Division of the Southern
District of Texas, where Merent Lopez is located. (See D.E. 1 at 1); 28 U.S.C. § 124(b)(3).
Merent Lopez has raised claims regarding his detention by immigration officials, and
although hearings on claims raised in a § 2241 petition are uncommon, should the court
conclude that further development is necessary, the Laredo Division is the better venue to
hear Merent Lopez’ claims.
Accordingly, IT IS ORDERED that this case is TRANSFERRED to the United
States District Court for the Southern District of Texas, Laredo Division.
ORDERED on February 27, 2026.
____________________________
Julie K. Hampton
United States Magistrate Judge
Case 5:26-cv-00292 Document 5 Filed 02/27/26 in TXSD Page 2 of 2