Perez
Rubisel Aguilar Perez v. U.S. Immigration and Customs Enforcement
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RUBISEL AGUILAR PEREZ, Case No.: 3:25-cv-3522-CAB-MMP
Petitioner,
ORDER DISMISSING PETITION
v. FOR WRIT OF HABEAS CORPUS U.S. IMMIGRATION AND CUSTOMS
ENFORCEMENT,
15 Respondent.
17 Before the Court is Rubisel Aguilar Perez’s petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2241. [Doc. No. 1.] Having reviewed Mr. Perez’s petition, the 19 Court finds it deficient because the proper respondent is the warden of Otay Mesa Regional 20 Detention Center. Habeas petitioners “challenging their present physical confinement 21 [must] name their immediate custodian, the warden of the facility where they are detained, 22 as the respondent to their petition.” Doe v. Garland, 109 F.4th 1188, 1197 (9th Cir. 2024). 23 The Court cannot exercise jurisdiction over Mr. Perez’s petition so long as he fails to name 24 as respondent the warden of the detention facility where he is being detained. 25 Accordingly, the Court DISMISSES Mr. Perez’s petition with leave to amend…