0:26-cv-00622•Case Name in Immigration Case - Unavailable
Testo completo
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MINNESOTA
JULIO CESAR POMBOZA PINTO,
Petitioner,
vs.
PAMELA BONDI, Attorney General,
et al.,
Respondents.
0:26-CV-622
ORDER
The government has moved to dismiss the pending petition for writ of
habeas corpus, filing 1, or, in the alternative, to transfer the petition to the
Western District of Texas. Filing 6. The government relies on the general
principle that habeas jurisdiction lies in the district of confinement, e.g.,
Trump v. J.G.G., 604 U.S. 670, 672 (2025); Rumsfeld v. Padilla, 542 U.S. 426,
443 (2004), and the petitioner is located in El Paso, Texas. See filing 1.
The petitioner asserts exceptions to the so-called district of confinement
rule apply in this case. Filing 8 at 4. The exceptions asserted have been applied
where a petition is filed when the petitioner's location is unknown at the time
of filing. E.g., Ozturk v. Trump, 777 F. Supp. 3d 26, 31 (D. Mass. 2025); Suri v.
Trump, 785 F. Supp. 3d 128, 136 (E.D. Va. 2025); Aleksander B. v. Trump, No.
26-cv-170, 2026 WL 172435, at *1 (D. Minn. Jan. 22, 2026).
This petition, however, indicates that counsel knew the petitioner had
been transferred to Texas at the time of filing. See filing 1 at 3. The
circumstances under which the government relocated him are not a basis for
this Court to exercise jurisdiction. See Padilla, 542 U.S. at 454 ("There is no
indication that the Government refused to tell [petitioner's] lawyer where he
had been taken. The original petition demonstrates that the lawyer knew
CASE 0:26-cv-00622-JMG-ECW Doc. 9 Filed 01/29/26 Page 1 of 2where [petitioner] was being held at that time . . . . In these circumstances, the basic rules apply"). Instead, the appropriate action is to transfer this case to the Western District of Texas for prompt resolution. Accordingly, IT IS ORDERED: 1. The government's motion to transfer (filing 6) is granted. 2. The petitioner's motion for an order to show cause (filing 5) is denied. 3. The Clerk of the Court is directed to transfer this case to the United States District Court for the Western District of Texas. Dated this 29th day of January, 2026. BY THE COURT: John M. Gerrard Senior United States District Judge CASE 0:26-cv-00622-JMG-ECW Doc. 9 Filed 01/29/26 Page 2 of 2
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