Case Name in Immigration Case - Unavailable

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26-cv-4602-AGS-SBC
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Carlos Enrique BRIONES AGUILAR,
Petitioner,
v.
ACTING FIELD OFFICE DIRECTOR,
et al.,
Respondents.
Case No.: 26-cv-4602-AGS-SBC
ORDER DISMISSING PETITION
FOR FAILURE TO NAME WARDEN
AND PAY FILING FEE

Unrepresented petitioner Carlos Briones Aguilar seeks a writ of habeas corpus under
28 U.S.C. § 2241 to challenge his immigration detention. But there are two fatal problems
with his case. First, this Court lacks jurisdiction because Briones Aguilar did not name “the
proper respondent,” that is, “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 (prescribing
that a habeas corpus application allege “the name of the person who has custody over” the
petitioner). Second, he did not pay the mandatory $5 filing fee nor seek leave to waive that
requirement by moving to proceed in forma pauperis. See 28 U.S.C. § 1914(a) ($5 filing
fee for “application for a writ of habeas corpus”); CivLR 3.2 (local rules for actions in
forma pauperis); see also Rules 1(b) & 3(a), Rules Governing Section 2254 Cases in the
U.S. District Courts.
Thus, the habeas petition is DISMISSED. If petitioner chooses to file an amended
petition, he must name the proper respondent and either pay the $5 fee or move to proceed
in forma pauperis. Any amended petition is due September 11, 2026.
Dated: August 13, 2026

___________________________
Hon. Andrew G. Schopler
United States District Judge

Case 3:26-cv-04602-AGS-SBC Document 2 Filed 08/13/26 PageID.<pageID> Page
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