Herrera v. Noem

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
FRANCISCO DORTA HERRERA,
Petitioner,
VS.
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CIVIL ACTION NO. 2:26-CV-00025
KRISTI NOEM,
Respondent.
OPINION AND ORDER OF TRANSFER
This is a habeas action filed pursuant to 28 U.S.C. § 2241. (D.E. 1). In the Petition,
Petitioner asserts Francisco Dorta Herrera1 is being held at the South Texas Detention
Facility. However, a review of the U.S. Immigration and Customs Enforcement locator
website indicates Petitioner is located at the La Salle County Regional Detention Center in
Encinal, Texas. See https://locator.ice.gov/odls/#/results (last visited Jan. 20, 2026). The
La Salle County Regional Detention Center is located in La Salle County, Texas which is
within the Southern District of Texas, Laredo Division. 28 U.S.C. § 124(b)(3).
It is well established that a petition for writ of habeas corpus filed pursuant to 28
U.S.C. § 2241 must be filed in the district where the prisoner or detainee is incarcerated.
Hooker v. Sivley, 187 F.3d 680, 682 (5th Cir. 1999) (citation omitted); see also Pack v.
1Teresa Rodriguez filed this case “As Next Friend” of Francisco Dorta Herrera, asserting Herrera
is a Cuban national currently in ICE custody at the South Texas Detention Facility. (D.E. 1, Pages
1-2).
United States District Court
Southern District of Texas
ENTERED
January 20, 2026
Nathan Ochsner, Clerk
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Yusuff, 218 F.3d 448, 451 (5th Cir. 2000) (citations omitted). Accordingly, this case is
more appropriately transferred to the Southern District of Texas, Laredo Division.
Rather than dismissal, the Court finds this case should be transferred. Therefore, the
Clerk of Court is ORDERED to TRANSFER this case to the United States District Court
for the Southern District of Texas, Laredo Division. All pending Motions are DENIED as
moot and the Clerk of Court is DIRECTED to CLOSE this case.
ORDERED on January 20, 2026.
_______________________________
Jason B. Libby
United States Magistrate Judge
Case 5:26-cv-00078 Document 8 Filed 01/20/26 in TXSD Page 2 of 2