UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION (at Covington)

KELVIN OTUNYO, ) ) Petitioner, ) Civil Action No. 2: 24-227-DCR ) v. ) ) U.S. ATTORNEY GENERAL, et al., ) MEMORANDUM ORDER ) Respondents. )

*** *** *** ***

When he filed this action, petitioner Kelvin Otunyo was held at the Boone County Jail in Burlington, Kentucky pursuant to an immigration order. See [Record No 1 at 1.] The Department of Justice’s Executive Office for Immigration Review indicates that Otunyo had appealed an immigration judge’s entry of an order of removal.1 Pending that appeal, Otunyo challenged his continued detention by United States Immigrations and Customs Enforcement. [Record No 1 at 1-5.] He sought habeas corpus relief pursuant to

to compel an unnamed immigration official to hold an individualized bond hearing as purportedly required by

(h)(2)(ii); Otunyo did not seek release from custody. See

The Court ordered Otunyo to pay the required filing fee and to file a new petition that clarified the factual and legal basis for his claims. [Record No. 5.] As directed, Otunyo filed an amended petition. [Record No. 7.]

1 Current case information can be obtained from EOIR’s Automated Case Information website at https://acis.eoir.justice.gov/en/caseInformation (accessed February 20, 2025). However, the Boone County Jail’s website indicates that Otunyo is no longer in its custody.2 The Federal Bureau of Prisons’ website indicates that Otunyo is now confined at the Federal Correctional Institution in Leavenworth, Kansas.3 Otunyo’s transfer outside this

Court’s jurisdiction renders habeas relief unavailable in this forum. See White v. Gilley, No. 6:23-CV-110-CHB,

, at *3 (E.D. Ky. Sept. 13, 2023) (explaining that “the habeas court’s ability to retain jurisdiction over a petition after the prisoner is transferred hinges upon the continued within-district presence of an official who could grant habeas relief”) (collecting cases). Further, Otunyo’s transfer to a federal prison suggests circumstances may or likely have materially changed. In light of the foregoing, the Court will dismiss the petition, without prejudice to

Otunyo’s right to seek relief in a forum appropriate to his place of confinement and the relief he seeks. Accordingly, it is hereby ORDERED as follows: 1. The Clerk shall update the docket to reflect Otunyo’s current mailing address: Kelvin Otunyo #96020-007 FCI Leavenworth Federal Correctional Institution P.O. BOX 1000 Leavenworth, KS 66048

2. Otunyo’s amended petition [Record No. 7] is DISMISSED without prejudice. 3. This matter is STRICKEN from the docket.

2 See https://www.boonecountyky.org/government_administration/county_government/jailer/inmat es.php (accessed February 20, 2025).

3 See https://www.bop.gov/inmateloc/ (accessed February 21, 2025). Dated: February 24, 2025.

: al 4 Danny C. Reeves, District Judge oS I) United States District Court □ Eastern District of Kentucky

-3-