District of Massachusetts • 1:26-cv-13972

#1

Aug 28, 2026

PETITION for Writ of Habeas Corpus (2241), filed by Sophal Touch. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Attachment)(LBO) (Entered: 08/28/2026)

#2

Aug 28, 2026

Filing fee/payment: $ 5.00, receipt number 100016445 for 1 Petition for Writ of Habeas Corpus (2241) (LBO) (Entered: 08/28/2026)

#3

Aug 28, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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: 08/28/2026)

#4

Aug 28, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner's Petition for a Writ of Habeas Corpus [Dkt. 1]. After reviewing the Petition, Petitioner is ORDERED to show cause as to why this Petition should not be transferred to the Western District of Louisiana on or before August 31, 2026.(CEH) (Entered: 08/28/2026)

#5

Aug 28, 2026

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (CEH) (Entered: 08/28/2026)

#6

Aug 28, 2026

Copy re 4 Order, mailed to Sophal Touch on 8/28/2026. (CEH) (Entered: 08/28/2026)

Aug 28, 2026

Copy Mailed

Aug 28, 2026

Order

Aug 28, 2026

Notice of Case Assignment

Aug 28, 2026

Filing Fee/Payment Received

#7

Sep 03, 2026

Letter/request - non-motion

#8

Sep 07, 2026

District Judge Angel Kelley: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (JPM) (Entered: 09/07/2026)

#9

Sep 08, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. On September 7, 2026, the Court entered an Emergency Order Concerning Stay of Transfer or Removal [Dkt. 8]. It is hereby ORDERED that the order and all associated deadlines be VACATED. (MAL) (Entered: 09/08/2026)

#10

Sep 08, 2026

Case transferred to to District of Western District of Louisiana;. Original file certified copy of transfer order and docket sheet sent to Clerk in that district. (CEH) (Entered: 09/08/2026)

#11

Sep 08, 2026

Electronic notice to counsel: This civil action has been transferred to the Western District of Louisiana and assigned civil case number 3:26-cv-03450. (SVC2) (Entered: 09/08/2026)

#12

Sep 08, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. On August 28, 2026, Petitioner Sophal Touch filed a Petition for Writ of Habeas Corpus. [Dkt. 1]. Upon review of the Petition, the Court ordered Petitioner to show cause why the case should not be transferred to the Western District of Louisiana. [Dkt. 4]. On September 3, 2026, Petitioner's brother, Vance Touch, submitted a letter to the Court on Petitioner's behalf asking that the case not be transferred. [Dkt. 7]. As grounds, Vance Touch stated that Petitioner resides in Fall River, Massachusetts, and has lived there since 2001. [Dkt. 7].Here, Petitioner challenges his detention by the Department of Homeland Security. He is currently incarcerated at the Jackson Parish Correctional Center in Jonesboro, Louisiana, a facility located within the Western District of Louisiana. [Dkt. 1].Under 28 U.S.C. § 2241, "District Courts are limited to granting habeas relief 'within their respective jurisdictions.'" Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004) (quoting 28 U.S.C. § 2241(a)). A petitioner must file his habeas petition in the district of confinement and name his immediate custodian as respondent. Id. at 442-447.Petitioner challenges his present physical confinement, and he does not contest that he was confined in the Western District of Louisiana when he filed the Petition. [See Dkt. 1]. Because Petitioner was not in custody within the District of Massachusetts at the time of filing, this Court lacks jurisdiction to adjudicate the matter. Petitioner's residence in Massachusetts does not change that conclusion; jurisdiction turns on the place of confinement and the location of the immediate custodian, not on where the petitioner lives. See Rumsfeld, 542 U.S. at 442-447As a final note, where a district court lacks jurisdiction, it may, in the interest of justice, transfer the case to a court in which the action could have been brought. 28 U.S.C. § 1631. The Court finds that transfer is in the interest of justice here.Therefore, the Court hereby ORDERS this matter transferred to the Western District of Louisiana.(CEH) (Entered: 09/09/2026)

Sep 08, 2026

Order

Sep 08, 2026

Case Transferred Out - District Transfer

#13

Sep 09, 2026

DOCKET SHEET sent to Vance Touch and Sophal Touch on 9/9/2026 (CEH) (Entered: 09/09/2026)

Sep 09, 2026

Docket sheet sent

Sep 09, 2026

Order