Rincon Bohorquez v. Warden of the Otay Mesa Detention Facility

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Omar Jose RINCON BOHORQUEZ, Case No.: 25-cv-1375-AGS-MSB Petitioner, ORDER GRANTING MOTION TO

PROCEED IN FORMA PAUPERIS

v. (ECF 2) WARDEN, et al., Respondents. 8 Petitioner Omar Jose Rincon Bohorquez was detained by Immigration and Customs Enforcement in this district before being “transfer[r]ed to El Salvador on March 15, 2025.” (ECF 1, at 2–3.) The petitioner now seeks habeas and other relief, and moves to proceed without paying the filing fee. (See ECF 2, 3); 28 U.S.C. § 2441. Typically, parties petitioning for a writ of habeas corpus must prepay a $5 filing fee. 28 U.S.C. § 1914(a). But if granted the right to proceed in forma pauperis, the “action may proceed despite failure to pay the filing fees.” Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999); Rules Governing § 2254 Cases, Rule 3(a) (stating petition “must be accompanied by” “the applicable filing fee” or “a motion for leave to proceed in forma pauperis”).1 Rincon Bohorquez “does…