Case Name in Immigration Case - Unavailable

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26-cv-0891-AGS-JLB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Oscar Jonathan SANTOS AVELAR,
Petitioner,
v.
U.S. IMMIGRATION AND CUSTOMS
ENFORCEMENT,
Respondent.
Case No.: 26-cv-0891-AGS-JLB
ORDER DISMISSING HABEAS
PETITION (ECF 1) FOR FAILURE
TO NAME PROPER RESPONDENT
Unrepresented petitioner Oscar Santos Avelar seeks a writ of habeas corpus under
28 U.S.C. § 2241 to free him from immigration detention. But this Court lacks
“jurisdiction” over his petition because he did not name “the proper respondent”—“the
warden of the facility where [he] is being held.” See Rumsfeld v. Padilla, 542 U.S. 426,
434–35 (2004); see also 28 U.S.C. § 2242 (“Application for a writ of habeas
corpus . . . shall allege the facts concerning the applicant’s commitment or detention, the
name of the person who has custody over him and by virtue of what claim or authority, if
known.” (emphasis added)). So, his petition must be dismissed. If Santos Avelar chooses
to file an amended petition naming the proper respondent—the warden of his detention
facility—he must do so by March 20, 2026.
Dated: February 18, 2026
___________________________
Hon. Andrew G. Schopler
United States District Judge
Case 3:26-cv-00891-AGS-JLB Document 2 Filed 02/18/26 PageID.<pageID> Page
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