ACLU of Puerto Rico appeals to the First Circuit to recognize Puerto Rico’s jurisdiction in the case of a Haitian immigrant transferred to Florida

San Juan, P.R. – The American Civil Liberties Union (ACLU) of Puerto Rico filed an appeal before the U.S. Court of Appeals for the First Circuit in Boston, challenging the U.S. District Court for the District of Puerto Rico’s determination to transfer to Florida a habeas corpus case that was filed while the petitioner, a Haitian immigrant, was detained in Puerto Rico and in the custody of immigration authorities on the Island.

“Allowing the government to transfer a person out of the jurisdiction after the petition has been filed, and for that action to force the transfer of the case, opens the door to evading judicial review and weakens the courts’ role in enforcing constitutional and statutory limits,” said attorney Annette Martínez Orabona, executive director of the ACLU of Puerto Rico.

The appeal, filed on February 3, arises from the case of Albeto Pierre, a Haitian immigrant detained in Puerto Rico on December 24, 2025—Christmas Eve—in the Barrio Obrero area of San Juan, while accompanying his partner, a lawful permanent resident (green card holder), to a previously scheduled prenatal care medical appointment. The couple has a one-year-old child who is a U.S. citizen, and they are expecting their second child.

According to the argument presented, the habeas corpus petition was filed while Pierre was detained in Puerto Rico and in the custody of immigration authorities in the archipelago, so jurisdiction and venue were—and continue to be—proper in the District of Puerto Rico.

However, after the case was filed, the federal government transferred Pierre to Florida, and federal judge Camille Vélez-Rivé ordered the case transferred to the Middle District of Florida, a decision now being challenged.
Of the five active habeas corpus petitions the ACLU of Puerto Rico currently has in cases involving immigrants—all before different judges—Vélez-Rivé has been the only one to rule by abdicating the duty to hear a case that was timely filed in her jurisdiction.

The ACLU of Puerto Rico maintains that the proper remedy under these circumstances was for the District Court to order the petitioner’s return to Puerto Rico and ensure the corresponding proceedings, including a bond hearing before an immigration judge, a measure that has been achieved in other cases.

In its brief, the organization argued that the federal habeas corpus statute recognizes as a general rule that jurisdiction is determined at the time of filing, and that courts typically retain jurisdiction even if the government later transfers the detained person. Likewise, the ACLU of Puerto Rico stated that Immigration and Customs Enforcement (ICE) cannot benefit from a transfer carried out after the petition was filed in order to move the case to another jurisdiction and hinder access to justice.

The organization also underscored the human and procedural impact of the decision to transfer the case. “This determination places an undue burden on the most vulnerable party, the detained person, because it forces them to litigate their liberty in a jurisdiction far from their family, community, legal counsel, and potential witnesses, all based in Puerto Rico,” said attorney Fermín Arraiza Navas, legal director of the ACLU of Puerto Rico.

The ACLU of Puerto Rico argued that this type of controversy—where the government quickly transfers the detained person out of the jurisdiction after a habeas corpus petition has been filed—is a pattern that threatens to repeat itself and, if not corrected, would prevent effective judicial review.

Joining the ACLU in the appellate filing are the Legal Assistance Clinic of the Interamerican University of Puerto Rico School of Law and the Immigration Clinic of the University of Puerto Rico School of Law.

“When the government can change the forum by moving the detained person after a habeas petition has been filed, it creates a dangerous incentive to evade the courts’ jurisdiction,” warned attorney María García, director of the Immigration Clinic of the University of Puerto Rico. “The First Circuit has the opportunity to establish a clear rule, consistent with other federal jurisdictions, that jurisdiction does not evaporate upon transfer,” added attorney Rafael Rodríguez, director of the Clinic at the Interamerican University of Puerto Rico.

The appeal also states that Pierre does not pose a flight risk or a danger to the community, that he had cooperated with authorities, that he had a pending application for Temporary Protected Status (TPS), that he had no criminal record, and that his detention and transfer are part of a pattern of punitive practices and serious violations of constitutional rights, including due process and family integrity.