IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

BEAUDELAIRE TCHOUALA, : CIVIL ACTION NO. 1:25-CV-599 : Petitioner : (Judge Neary) : v. : : DEPARTMENT OF HOMELAND : SECURITY, : : Respondent :

MEMORANDUM

This is a habeas corpus case filed under

. Petitioner, Beaudelaire Tchouala, challenges the validity of an immigration detainer lodged by the Department of Homeland Security (“DHS”). The petition will be dismissed without prejudice for lack of subject matter jurisdiction. I. Factual Background & Procedural History

Tchouala, an inmate in Allenwood Federal Correctional Institution (“FCI- Allenwood”) is serving a criminal sentence imposed by the United States District Court for the Southern District of Texas. (Doc. 1). He filed the instant case on March 24, 2025, and the court received and docketed his petition on April 3, 2025. (Id.) Tchouala’s petition seeks to “lift or remove” an immigration detainer lodged against him by DHS. (Id.) II. Legal Standard Under Rule 4 of the rules governing habeas corpus petitions under

, a district court must promptly review a petition and dismiss it if it is plain from the face of the petition that the petitioner is not entitled to relief.

Rule 4. District courts have the discretion to apply this rule in habeas corpus cases brought under

.

Rule 1. III. Discussion

This case will be dismissed without prejudice under Rule 4 because federal district courts do not have jurisdiction over challenges to the validity of immigration detainers. See generally

; see also, e.g., Diarra v. Warden FCI Allenwood Low, No. 1:23-CV-732,

, at *1-2 (M.D. Pa. Jan. 10, 2024) (concluding that federal habeas court did not have jurisdiction over challenge to immigration detainer); Prelaj v. White, No. 3:20-CV-993,

, *3-4 (M.D. Pa. Dec. 10, 2020) (same), report and recommendation adopted, No. 3:20-CV-

993,

, at *1 (M.D. Pa. Jan. 5, 2021); Carey v. I.N.S., No. 1:14-CV-634,

, at *2 (M.D. Pa. May 29, 2014) (same). IV. Conclusion The petition for writ of habeas corpus is dismissed without prejudice for lack of subject matter jurisdiction. An appropriate order shall issue.

/S/ KELI M. NEARY Keli M. Neary United States District Judge Middle District of Pennsylvania

Dated: April 25, 2025