Perez v. U.S. Immigration and Customs Enforcement(ICE)

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3:25-cv-3522-CAB-MMP
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
RUBISEL AGUILAR PEREZ,
Petitioner,
v.
U.S. IMMIGRATION AND CUSTOMS
ENFORCEMENT,
Respondent.
Case No.: 3:25-cv-3522-CAB-MMP
ORDER DISMISSING PETITION
FOR WRIT OF HABEAS CORPUS
Before the Court is Rubisel Aguilar Perez’s petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241. 	[Doc. No. 1.] 	Having reviewed Mr. Perez’s petition, the
Court finds it deficient because the proper respondent is the warden of Otay Mesa Regional
Detention Center. 	Habeas petitioners “challenging their present physical confinement
[must] name their immediate custodian, the warden of the facility where they are detained,
as the respondent to their petition.” Doe v. Garland, 109 F.4th 1188, 1197 (9th Cir. 2024).
The Court cannot exercise jurisdiction over Mr. Perez’s petition so long as he fails to name
as respondent the warden of the detention facility where he is being detained.
Accordingly, the Court DISMISSES Mr. Perez’s petition with leave to amend to
include the warden of Otay Mesa Regional Detention Center as a respondent. Petitioner
Case 3:25-cv-03522-CAB-MMP Document 2 Filed 12/16/25 PageID.<pageID> Page
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3:25-cv-3522-CAB-MMP
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shall have thirty days from the date of this order to file an amended petition for writ of
habeas corpus.
It is SO ORDERED.
Dated: December 16, 2025
Case 3:25-cv-03522-CAB-MMP Document 2 Filed 12/16/25 PageID.<pageID> Page
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