The phrase “absent exceptional circumstances” ' suggests that the court envisaged a situation in which access to the Massachusetts District Court would be a necessity. Absent explicit guidance, it is left to this Court to further define “exceptional circumstances.” This Court rules that an “exceptional circumstance” exists when a choice of forum would have a significant impact on the outcome. As Judge Weinstein noted, the law varies from circuit to circuit. Indeed, on the facts of this case, the Fifth Circuit has held that district courts do not even have jurisdiction to hear habeas petitions. Thus, if this Court was to dismiss Vasquez’s petition for improper venue, it is a veritable certainty that his claim would not be heard in the district court. See Max-George, 205 F.3d at 198 (<HOLDING>). Moreover, because of the jurisdictional
holding that the rule applies for purposes of habeas corpus under section 2254 holding that statutory habeas jurisdiction extended to guantanamo holding that a dismissal for lack of jurisdiction only precludes the relitigation of the issue of whether the first tribunal had jurisdiction holding that section 236e does not strip the court of jurisdiction to consider the merits of petitioners habeas corpus petition holding section 1252a2c precludes habeas jurisdiction