(HC) Keo v. Warden of the Mesa Verde ICE Processing Center

Good Law
United States District Court, Eastern District of CaliforniaApril 7, 20251:24-cv-00919California6,848 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SOKHEAN KEO, Case No. 1:24-cv-00919-HBK (HC)2 Petitioner, ORDER GRANTING RESPONDENT’S

MOTION TO DISMISS

v. (Doc. No. 20) WARDEN OF THE MESA VERDE ICE PROCESSING CENTER, et al,1 15 Respondents. 16 17 18 Petitioner Sokhean Keo, an immigration detainee in U.S. Immigration Customs and Enforcement (ICE) custody at the Mesa Verde ICE Processing Center in Bakersfield, California, initiated this action by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2241. 22 1 Respondent moves to dismiss all unlawfully named officials under § 2241. (Doc. No. 20 at 1 n.1). The proper respondent in habeas cases is the “warden of the facility where the prisoner is held, not the Attorney General or some other remote supervisory official.” Rumsfeld v. Padilla, 542 U.S. 426, 430 (2004). As recently held by the Ninth Circuit, in § 2241 cases filed by immigrant detainees, the proper respondent is the warden of the private detention facility. Doe v. Garland, 109 F.4th…

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