Order, Southern District of New York No. 25-CV-8714 — Andres Valerio v. William Joyce (Document 15)

Summary

This is an order in the Southern District of New York, 25-CV-8714 (RA), Andres Valerio, Petitioner, against William Joyce, Respondent, entered by Judge Ronnie Abrams. The Petitioner was detained by federal immigration authorities on October 20, 2025, and a petition for a writ of habeas corpus was filed on October 21, 2025. The Government argued that the petition should be transferred to the District of New Jersey or dismissed, because the Petitioner was already in ICE custody at the Delaney Hall Detention Facility in New Jersey. The Court agrees that jurisdiction is proper only in the District of New Jersey, notes the Petitioner does not object, and directs the Clerk to transfer the case. The hearing scheduled for November 6, 2025 is adjourned. The order is dated November 5, 2025.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Case 2:25-cv-17225-ZNQ             Document 15        Filed 11/05/25       Page 1 of 2 PageID: 48




UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

  ANDRES VALERIO,
                               Petitioner,

                          v.                                           25-CV-8714 (RA)
  WILLIAM JOYCE, in his official capacity as                                ORDER
  District Director of New York, Immigration
  and Customs Enforcement,


                               Respondent.

RONNIE ABRAMS, United States District Judge:

       Petitioner, a self-described seventy-year-old grandfather of fourteen American citizens

who declares that he has lived in this country for more than forty years, was detained by federal

immigration authorities outside his home on October 20, 2025 and taken to 26 Federal Plaza in

Manhattan. Dkt. No. 14-1. His son filed the instant petition for a writ of habeas corpus on his

behalf on October 21, 2025, arguing that he was wrongfully detained under 8 U.S.C. Section 1225.

Dkt. No. 1 (“Petition”). The Government contends that the Petition should either be transferred to

the District of New Jersey or dismissed, as Petitioner had been transferred to U.S. Immigration

and Customs Enforcement (“ICE”) custody at the Delaney Hall Detention Facility in New Jersey

by the time he filed the Petition. Dkt. No. 11.

       Pursuant to 28 U.S.C. Section 2241, “[d]istrict courts are limited to granting habeas relief

“within their respective jurisdictions.” Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004). “[F]or core

habeas petitions challenging present physical confinement, jurisdiction lies in only one district: the

district of [Petitioner’s] confinement,” id. at 443, “at the time of the bringing of the action,” Khalil

v. Joyce, 771 F. Supp. 3d 268, 289 (S.D.N.Y. 2025) (internal citation omitted). The Court,

therefore, agrees with the Government that jurisdiction is proper only in the District of New Jersey,
Case 2:25-cv-17225-ZNQ            Document 15         Filed 11/05/25      Page 2 of 2 PageID: 49




where Petitioner was detained at the time of filing, and not in this District. Petitioner does not

dispute that jurisdiction is only proper in the District of New Jersey.

       On November 4, 2025, Petitioner submitted a letter-brief, together with two declarations.

Dkt No. 14. In one declaration, his son explained that he filed the Petition in this district because

he believed Petitioner was still in ICE custody at 26 Federal Plaza at the time of filing. Dkt. No.

14-2. Petitioner does not object to transfer of this case to the District of New Jersey. Dkt. No. 14

at 1. The Court, therefore, finds that transfer of this action to the District of New Jersey is

appropriate and “in the interest of justice.” 28 U.S.C. § 1406(a).

       The Clerk of Court is respectfully directed to transfer this case to the United States District

Court for the District of New Jersey. As Petitioner does not object to transfer, the seven-day

waiting period imposed by Local Civil Rule 83.1 is hereby waived. The hearing scheduled for

November 6, 2025 is adjourned.

SO ORDERED.

 Dated:    November 5, 2025
           New York, New York
                                                       ______________________
                                                       Ronnie Abrams
                                                       United States District Judge




                                                  2


File and source

File

15.pdf

Size

146,016 bytes

SHA-256

9afa1a6ddcffb7ceba2520f9e21d1c4ef3507425b7e056f8f8f833d6bc2b2b64

Our copy

15.pdf

Original

archive.org