Case: Gutierrez-Ramos v. Department of Homeland Security

PETITION for Writ of Habeas Corpus (2241), filed by Ronal Estuardo Gutierrez-Ramos, Sobeyda L.C. Lopez. (Attachments: # 1 Civil Cover Sheet, # 2 Cover Letter)(SEC) (Entered: 07/07/2025)

ELECTRONIC NOTICE of Case Assignment. Judge Myong J. Joun assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Paul G. Levenson. (NMC) (Entered: 07/07/2025)

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (SEC) (Entered: 07/07/2025)

Judge Myong J. Joun: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later than Wednesday, July 9, 2025 at 2:00 PM from receipt of this order.(SP) Modified on 7/7/2025 to correct response dates. (SP). (Entered: 07/07/2025)

Copy re 1 Petition, 4 Service Order - 2241 Petition, mailed to Sobeyda L.C. Lopez 126 Harwich St. New Bedford, MA 02745 Todd Lyons, Acting Director United States Immigration and Customs Enforcement Office of the Chief Counsel 5900 Capital Gateway Drive Mail Stop 2120 Camp Springs, MD 20588-0009 Michael Krol, New England Special Agent in Charge Homeland Security Investigations 10 Causeway Street, Room 722 Boston, MA 02222 Kristi Noem, Secretary of Homeland Security Office of the General Counsel U.S. Department of Homeland Security 245 Murray Lane, SW Mail Stop 0485 Washington, DC 20528-0485 Patricia Hyde, Acting Director United States Immigration and Customs Enforcement Boston Field Office 1000 District Ave. Burlington, MA 01803 Donald J. Trump, President of the United States 1600 Pennsylvania Ave NW Washington, D.C. 20500 Pamela Bondi, United States Attorney General U.S. Department of Justice 950 Pennsylvania Ave., NW Washington, D.C. 20530-0001 on 7/7/2025. (SP) (Entered: 07/07/2025)

Notice of Case Assignment

Copy Mailed

NOTICE of Appearance by Mark Sauter on behalf of Department of Homeland Security, Immigration and Customs Enforcement; Boston Field Office (Sauter, Mark) (Entered: 07/08/2025)

Filing fee: $5.00, receipt number 100012284 for 1 Petition for Writ of Habeas Corpus (2241) (LBO) (Entered: 07/08/2025)

Filing Fee/Payment Received

Case transferred to District of Western District of Louisiana;. Original file certified copy of transfer order and docket sheet sent to Clerk in that district electronically. (SP) (Entered: 07/09/2025)

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241) by Department of Homeland Security, Immigration and Customs Enforcement; Boston Field Office. (Attachments: # 1 Exhibit A)(Sauter, Mark) (Entered: 07/09/2025)

Judge Myong J. Joun: ELECTRONIC ORDER entered. “[A]s a general rule, a petitioner must file a habeas petition in the district in which they are confined...” Ozturk v. Trump, No. 25-cv-10695, 2025 WL 1009445, at *4 (D. Mass. Apr. 4, 2025) (citing Rumsfeld v. Padilla, 542 U.S. 426, 442–47 (2004)). On July 7, 2025, Mr. Gutierrez-Ramos by next of friend, Sobeyda Lina Castellannos Lopez, filed a petition for habeas under 28 U.S.C. § 2241; however, at the time of the filing, Petitioner had already been transferred to Jackson Parish Correctional Center in Jonesboro, Louisiana. [Doc. No. 8-1 at ¶ 12]. More specifically, Mr. Gutierrez-Ramos, was transferred one day prior, on July 6, 2025. [Id.]. Accordingly, I am without jurisdiction to hear Mr. Gutierrez-Ramos’s petition.In addition to its jurisdictional arguments, the government argues that Mr. Gutierrez-Ramos’s petition should be dismissed rather than transferred to the Western District of Louisiana because the petition is without merit, and therefore, the interest of justice does not compel transfer. In other words, the government argues that this Court lacks jurisdiction, while also requesting the Court to address the merits of Mr. Gutierrez-Ramos’s petition. I find the government’s argument unpersuasive and decline to dismiss the petition. Instead, the Court TRANSFERS this matter to the Western District of Louisiana. Ozturk, 2025 WL 1009445, at *10 (citing 28 U.S.C. § 1631) (“If ‘there is a want of jurisdiction,” as the Court concludes here, 28 U.S.C. § 1631 permits transfer of a civil action to any court ‘in which the action... could have been brought at the time it was filed or noticed,’ if such transfer ‘is in the interest of justice.’”). (SP) (Entered: 07/09/2025)

Case Transferred Out - District Transfer

Order

Electronic notice to counsel: This civil action has been transferred to the Western District of Louisiana and assigned civil case number 3:25-cv-00999. (SVC1) (Entered: 07/11/2025)

Notice of Voluntary Dismissal