Perez

Fidel FLOREZ PEREZ, by next friend Jesus Rios Tello v. Pamela BONDI, et al.

Good Law
United States District Court, Southern District of CaliforniaJanuary 7, 20263:25-cv-03820California659 words

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 GRANTING MOTION TO Petitioner,

ACT AS NEXT FRIEND (ECF 7) AND

5 v. ORDERING RESPONSE 6 Pamela BONDI, et al., 7 Respondents.

9 Petitioner Fidel Florez Perez, through his nephew Jesus Rios Tello, seeks updated 10 permission for Tello to function as his “next friend” to file the petition for a writ of 11 habeas corpus under 28 U.S.C. § 2241 to free Florez Perez from immigration detention. 12 That request is granted, and respondents must answer the petition. 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. Arkansas, 495 U.S. 149, 163 (1990). “In order to establish next- 18 friend…

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