The Third Circuit held that the District Court retained jurisdiction over the petitioner’s habeas corpus petition after the Court denied the petition without prejudice, and the Government whisked him away to a facility in another jurisdiction. The petitioner has been in immigration custody for nearly seven years as he laboriously challenged his removal order. In those 7 years, he has been transferred 14 times to 5 facilities in 4 states. He filed a habeas corpus petition seeking his immediate release while detained in New Jersey. The District Court denied the petition without prejudice. The same day as the court issued its ruling, the Government brought the petitioner to a detention facility in Louisiana. While there, he filed a motion to reopen his habeas petition, again arguing for his release. He further argued that the COVID-19 outbreak, coupled with his medical conditions, amplified the urgency and necessity of his immediate release. The District Court held that it lacked jurisdiction, as the motion to reopen raised new claims and was, therefore, a new habeas petition that must be filed in Louisiana. The Third Circuit disagreed and held that the arguments in the motion to reopen were not new claims and that the District Court retained jurisdiction.
