Perez
Fidel FLOREZ PEREZ, by next friend Jesus Rios Tello v. Pamela BONDI, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Fidel FLOREZ PEREZ, by next friend Case No.: 25-cv-3820-AGS-MSB Jesus Rios Tello, ORDER DENYING MOTION TO Petitioner,
ACT AS NEXT FRIEND (ECF 3),
5 v. DENYING MOTION FOR IMMEDIATE RELEASE (ECF 2), Pamela BONDI, et al.,
AND DISMISSING PETITION FOR
7 Respondents. LACK OF STANDING
9 Petitioner Fidel Florez Perez, through his nephew Jesus Rios Tello, seeks a writ of 10 habeas corpus under 28 U.S.C. § 2241 to free him from immigration detention. But Tello’s 11 request to function as Florez Perez’s “next friend” fails, and so the petition must be 12 dismissed for lack of standing. 13 Federal law allows that an “[a]pplication for a writ of habeas corpus shall be in 14 writing signed and verified by the person for whose relief it is intended or by someone 15 acting in his behalf.” 28 U.S.C. § 2242 (emphasis added). But such “‘next friend’ standing 16 is by no means granted automatically to whomever seeks to pursue an action on behalf of 17 another.” Whitmore v.…