IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
VICTOR IKE IWUOHA, #28388262
* CIVIL ACTION NO. 2:05-CV-280-T
MICHAEL CHERTOFF, SECRETARY OF
HOMELAND SECURITY, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
On March 28, 2005 Petitioner Victor Iwuoha filed this 28 U.S.C. § 2241 petition for
habeas corpus relief. Petitioner is an Immigration and Naturalization Service (“INS”)
detainee, held in post-removal-order confinement at the Plaquemines Parish Detention Center
in Braithwaite, Louisiana. He alleges that his continued confinement by the INS violates
the Supreme Court’s holdings in Zadvydas v. Davis, 533 U.S. 678 (2001) and Demore v.
Kim , 538 U.S. 510 (2003).
It is well-settled law that jurisdiction over a § 2241 petition lies in the federal district
court whose territorial limits include the place of a petitioner's confinement or where a
petitioner's custodian is located. Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S.
484 (1973) (§ 2241 petitions typically heard by court having jurisdiction over petitioner's
Case 2:05-cv-00280-MHT-VPM Document 5 Filed 03/31/2005 Page 1 of 3
Iwuoha v.Chertoff et al(INMATE 2)(JC)
1The undersigned’s Recommendation for transfer of this case should not in any way be construed as a
consideration on the merits of Petitioner’s claims for relief.
custodian); United States v. Plain, 748 F.2d 620, 621 (11th Cir. 1984); Blau v. United States,
566 F.2d 526, 527 (5th Cir. 1978); United States v. Miller, 871 F.2d 488, 490 (4th Cir. 1989);
United States v. Hutchings, 835 F.2d 185, 187 (8th Cir. 1987); Chukwurah v. INS, 813 F.
Supp. 161, 168 (E.D. N.Y. 1993). Generally, the custodian is the person having the day-to-
day control over the prisoner. Guerra v. Meese, 786 F.2d 414, 416 (D.C. Cir. 1986).
Petitioner is presently incarcerated at the Plaquemines Par