Irsel Rodriguez Gonzalez v. Florida Soft Side South

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 1:26-cv-22470-GAYLES IRSEL RODRIGUEZ GONZALEZ, Petitioner, v. FLORIDA SOFT SIDE SOUTH, Respondent. _____________________________/

ORDER TRANSFERRING CASE TO MIDDLE DISTRICT OF FLORIDA THIS CAUSE is before the Court on Petitioner Irsel Rodriguez Gonzalez’s pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 [ECF No. 1]. Petitioner is detained by U.S. Immigration and Customs Enforcement (ICE) at Florida Soft-Side Facility South (more commonly known as “Alligator Alcatraz”), located in Collier County, Florida. See id. at 1. Collier County is within the Middle District of Florida. See 28 U.S.C. § 89(b) (providing that the Middle District of Florida comprises Collier County).

Under § 2241, “[d]istrict 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)); see also Trump v. J. G. G., 604 U.S. 670, 672 (2025); Garcia v. Warden, 470 F. App’x 735, 736 (11th Cir. 2012) (noting that “jurisdiction for § 2241 petitions lies only in the district of confinement”).

If a petitioner files his case in the wrong district, the Court can sua sponte transfer the case “to any district or division in which it could have been brought.” 28 U.S.C. § 1406(a); see also Lipofsky v. N.Y. State Workers Comp. Bd., 861 F.2d 1257, 1258 (11th Cir. 1988) (“[A] district court may raise on its own motion an issue of defective venue or lack of personal jurisdiction[.]”).

Because Petitioner is confined at Florida Soft-Side Facility South in Collier County, jurisdiction lies only in the Middle District of Florida. Accordingly, it is ORDERED AND ADJUDGED that this case is TRANSFERRED to the Middle District of Florida, Fort Myers Division. See M.D. Fla. L.R. 1.04(a) (providing that the Fort Myers Division comprises Collier County). The Clerk is directed to CLOSE this case.

DONE AND ORDERED in Chambers at Miami, Florida, this 9th day of April, 2026.

DARRIN P. GAYLES UNITED STATES DISTRICY JUDGE ce: Irsel Rodriguez Gonzalez A# 244493083 Florida Soft Side South Inmate Mail/Parcels 54575 Tamiami Trail ENA Ochopee, FL 34141 PRO SE Noticing 2241/Bivens US Attorney Email: usafls-2255@usdo].gov Noticing INS Attorney Email: [email protected] -2-