Perez v. Bondi et al

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25-cv-3820-AGS-MSB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Fidel FLOREZ PEREZ, by next friend
Jesus Rios Tello,
Petitioner,
v.
Pamela BONDI, et al.,
Respondents.
Case No.: 25-cv-3820-AGS-MSB
ORDER GRANTING MOTION TO
ACT AS NEXT FRIEND (ECF 7) AND
ORDERING RESPONSE
Petitioner Fidel Florez Perez, through his nephew Jesus Rios Tello, seeks updated
permission for Tello to function as his “next friend” to file the petition for a writ of
habeas corpus under 28 U.S.C. § 2241 to free Florez Perez from immigration detention.
That request is granted, and respondents must answer the petition.
Federal law allows that an “[a]pplication for a writ of habeas corpus shall be in
writing signed and verified by the person for whose relief it is intended or by someone
acting in his behalf.” 28 U.S.C. § 2242 (emphasis added). But such “‘next friend’ standing
is by no means granted automatically to whomever seeks to pursue an action on behalf of
another.” Whitmore v. Arkansas, 495 U.S. 149, 163 (1990). “In order to establish next-
friend standing, the putative next friend must show: (1) that the petitioner is unable to
litigate his own cause due to mental incapacity, lack of access to court, or other similar
disability; and (2) the next friend has some significant relationship with, and is truly
dedicated to the best interests of, the petitioner.” Coalition of Clergy, Laws., & Professors
v. Bush, 310 F.3d 1153, 1159–60 (9th Cir. 2002). Because it contravenes the normal
concepts of Article III standing, the “burden is on the ‘next friend’ clearly to establish the
propriety of his status and thereby justify the jurisdiction of the court.” Whitmore, 495 U.S.
at 164.
Tello has now carried his burden as to the first prong—the petitioner’s inability to
litigate on his own. Tello alleges that his uncle, petitioner Florez Perez, has “limited
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25-cv-3820-AGS-MSB
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English proficiency,” which Tello swears is “insufficient to understand or litigate federal
habeas corpus procedure,” and “no access to legal research tools, law library resources, or
federal procedural materials.” (ECF 7, at 4.) Moreover, Tello swears that he is Florez
Perez’s nephew, is “acting solely to protect Petitioner’s liberty interests and constitutional
rights,” and is “dedicated to his best interests.” (Id. at 5.)
The Court accepts the petition signed by Tello (see ECF 1), and the government must
respond to it. But, although “next friend” status permits Tello to file the original petition
on his uncle’s behalf, “the statute does not authorize the ‘next friend’ to proceed without
an attorney.” Morrison v. Tuolumne Cnty. Sheriff, No. 1:25-CV-01591-JLT-EPG-HC,
2025 WL 3268269, at *1 (E.D. Cal. Nov. 24, 2025). So, unless Tello retains counsel, he
may not file anything else nor represent his uncle in court. See Hinojosa v. Warden,
SATF/SP, No. 2:22-cv-1780 DB P, 2023 WL 2874169, at *2 (E.D. Cal. Apr. 10, 2023)
(requiring next friend to “be represented by counsel in order to proceed as a ‘next friend’
because pro se litigants have no authority to represent anyone other than themselves”),
report and recommendation adopted, No. 2:22-cv-01780-KJM DB P, 2023 WL 4711303
(E.D. Cal. July 24, 2023). All future filings and argument must be made by counsel or by
Florez Perez in his pro se capacity.
By January 20, 2026, respondent must answer the petition. Any reply by petitioner
must be filed by January 27, 2026. The Court will hold oral arguments on the petition on
February 3, 2026, at 10:00 a.m. If Florez Perez is not represented by counsel by that time,
respondents’ 	counsel 	must 	coordinate 	his 	remote 	appearance, 	preferably 	by
videoconference.
Dated: January 6, 2026
___________________________
Hon. Andrew G. Schopler
United States District Judge
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