Case Name in Immigration Case - Unavailable

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3:26-cv-1255-CAB-DEB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
SUNIT SUNIT,
Petitioner,
v.
GREGORY ARCHAMBEAULT, et al.,
Respondents.
Case No.: 3:26-cv-1255-CAB-DEB
ORDER DISMISSING PETITION
WITH LEAVE TO AMEND
On February 27, 2026, Petitioner Sunit Sunit filed a petition for a writ of habeas
corpus pursuant to 8 U.S.C. § 2241, [Doc. No. 1 (“Petition”)], and a motion for temporary
restraining order, [Doc. No. 2 (“TRO”)]. Petitioner is currently detained by Immigration
and Customs Enforcement (“ICE”) at the Otay Mesa Detention Center in San Diego,
California, contends ICE is unlawfully detaining him. [Id. at 2.] The Court DISMISSES
the petition with leave to amend because Petitioner did not name the proper respondent.
When a habeas petitioner challenges his present physical confinement, he must name
as respondent the warden of the facility where he is held. Doe v. Garland, 109 F.4th 1188,
1194–95 (9th Cir. 2024); 28 U.S.C. § 2242. 	Here, because Petitioner failed to name his
immediate custodian—the warden or de facto warden of Otay Mesa Detention Center—as
respondent, the Court lacks jurisdiction over the Petition. 	Accordingly, the Petition is
DISMISSED with leave to amend.
Case 3:26-cv-01255-CAB-DEB Document 3 Filed 03/02/26 PageID.<pageID> Page
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3:26-cv-1255-CAB-DEB
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If Petitioner wishes to proceed with this case, he must file a First Amended Petition
within thirty (30) days of the date of this Order. The First Amended Petition shall name as
the Respondent the person having immediate custody over Petitioner, namely the warden
or de facto warden of the facility where he is detained. 	Moreover, Petitioner’s First
Amended Petition must be complete in itself without reference to his original petition.
Defendants not named and any claim not re-alleged in the First Amended Petition will be
considered waived. See CivLR 15.1(a).
It is SO ORDERED.
Dated: March 2, 2026
Case 3:26-cv-01255-CAB-DEB Document 3 Filed 03/02/26 PageID.<pageID> Page
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