You usually find out from a family member’s call, a client who stops answering, or a detainee locator result naming a facility you have never heard of. Two different courts now matter, and a transfer affects them differently.
First, confirm where your client is
- Search the ICE Online Detainee Locator by A-number, or by name, country of birth, and date of birth.
- Check the immigration court’s record through EOIR’s Automated Case Information portal or at 1-800-898-7180.
- Call the receiving facility. Numbers for each facility are on our facility guides and on ice.gov.
A new location can take time to appear in the locator. Keep checking before you assume something is wrong.
Federal habeas venue changes with the facility
A § 2241 petition challenging present confinement belongs in the district where your client is held when you file. Once your client is in a Louisiana facility, that district is the venue, regardless of where the arrest happened. Most Louisiana facilities are in the Western District; the Angola facility is in the Middle District. See filing a § 2241 petition in the Western District.
Immigration court venue does not change on its own
Venue in removal proceedings lies with the immigration court where DHS filed the charging document. 8 C.F.R. §§ 1003.14(a), 1003.20(a). An immigration judge may change venue only on a motion by one of the parties, for good cause, after the other party has notice and a chance to respond. 8 C.F.R. § 1003.20(b). Immigration judges cannot change venue on their own, though EOIR allows limited administrative transfers between certain paired detained and non-detained courts.
In practice, DHS often moves to change venue after a transfer. Watch for that motion, decide whether to oppose it, and check EOIR’s case portal for which court currently has the case and the next hearing date. When venue is changed for a detained case, EOIR policy calls for a master calendar hearing at the new court within 14 days.
What does not change: your representation
A transfer does not end your role as counsel of record. Your Form G-28 remains in effect, and Louisiana facilities accept G-28s through ICE’s ERO eFile system. What changes is that you likely are not admitted in the federal court that now has habeas venue, so line up local counsel before a filing deadline forces the issue.
The first 24 hours
- Confirm custody and facility through the locator and the facility.
- Identify the federal district and division with the Where to File tool.
- Check EOIR’s portal for the current immigration court and any pending motion to change venue.
- Schedule a legal call or video visit. Each facility sets its own procedure; see the facility guides.
- Retain local counsel admitted in that federal district if a habeas petition is likely.
If the transfer itself is the problem
If a transfer came right after you entered an appearance, requested a bond hearing, or scheduled a legal call, write down the dates now: your G-28 filing, the transfer, and any pending request. You may not know yet whether it supports a claim, but that record is hard to rebuild later.
Need Louisiana local counsel after a transfer? Call Seth Bloom at 504-599-9997.
This page provides general information for attorneys and is not legal advice. Reading it does not create an attorney-client relationship. Court rules, standing orders, and facility procedures change; confirm current requirements with the court and ICE before relying on them. Attorney responsible for this content: Seth J. Bloom, Bloom Legal, 825 Girod St., Suite A, New Orleans, LA 70113.
