Case Name in Immigration Case - Unavailable

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25-cv-2983-BJC-BJW
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
KARLA FABIOLA VAZQUEZ
ALVAREZ, by next friend, SAYDA
AYALA,
Petitioner,
v.
TODD LYONS, Acting Director,
Immigration and Customs Enforcement ,
et al.,
Respondents.
Case No.: 26-cv-277-BJC-MMP
ORDER DISMISSING PETITION
WITHOUT PREJUDICE
Sayda Ayala filed this pro se Petition for Writ of Habeas Corpus against Defendant
Todd Lyons, et al, assertedly as a “next friend” of Karla Fabiola Vazquez Alvarez. The
Petition asserts that Ms. Vazquez Alvarez is being detained despite being granted
withholding of removal on December 9, 2025, and that her detention is unlawful and
unauthorized. ECF No. 1. 	Ayala has also filed an Emergency Motion for Immediate
Release (ECF No. 2), a Motion to Expedite (ECF No. 6), a Motion for Immediate Release
(ECF No. 7) and a Motion to Add Next Friend (ECF No. 8) on behalf of Ms. Vazquez
Alvarez.
“‘Next friends’ appear in court on behalf of detained prisoners who are unable,
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25-cv-2983-BJC-BJW
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usually because of mental incompetence or inaccessibility, to seek relief themselves.”
Whitmore v. Arkansas, 495 U.S. 149, 162 (1990). “‘[N]ext friend’ standing is by no means
granted automatically to whomever seeks to pursue an action on behalf of another.” Id. at
163. There are two prerequisites for claiming “next friend” status. “First, a ‘next friend’
must provide an adequate explanation—such as inaccessibility, mental incompetence, or
other disability—why the real party in interest cannot appear on his own behalf to prosecute
the action.” Id. (citations omitted). Second, the “next friend” “must have some significant
relationship with the real party in interest.” Id. at 164. “The burden is on the ‘next friend’
clearly to establish the propriety of his status and thereby justify the jurisdiction of the
court.” Id.
Here, the Petition is being brought by Ayala as a “next friend” of the Petitioner and
is not signed by the Petitioner. Ayala states that Ms. Vazquez Alvarez cannot file on her
own behalf because she is being held in isolation without access to legal materials,
including paper or writing instruments. Motion to Add Next Friend, ECF No. 8 at 1. Ayala
claims that she was detained at Otay Mesa Detention Center, and Ms. Vazquez Alvarez
authorized Ayala to assist with the Petition due to language barriers and violations of Ms.
Vazquez Alvarez’s constitutional rights by ICE and the Warden. Id. at 2.
While Ayala’s assertions that Ms. Vazquez Alvarez is unable to access legal
materials to file her own claim satisfies the first prerequisite, Ayala fails to meet the second
requirement, as she has not shown that she has a “significant relationship” with Ms.
Vazquez 	Alvarez. 	See 	Leon 	v. 	DHS, 	26cv0200-BAS-MMP 	(S.D. 	Cal. 	Jan. 	14,
20206)(assertion 	that 	“next 	friend” 	was 	life-long 	partner 	insufficient 	to 	satisfy
requirement.) Moreover, even if the Court finds that permitting Sayda Ayala to proceed as
a “next friend” is appropriate in this case, the “next friend” cannot proceed pro se—without
a lawyer. See, e.g., Pinzon v. Mendocino Cnty. Sheriff’s Off., No. 22-CV-02388-RMI, 2022
WL 1304093, at *2 (N.D. Cal. May 2, 2022). An individual is only permitted to proceed
pro se on their own behalf, not on behalf of others. See Civil Local Rule 83.11. Therefore,
if Sayda Ayala wishes to proceed and satisfies the “next friend” prerequisites, then an
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attorney must also appear on Sayda Ayala’s behalf. Alternatively, Karla Fabiola Vazquez
Alvarez can file her own Petition and appear pro se on her own behalf.
In light of the foregoing, the Court finds summary dismissal is appropriate. Hence,
the Court DISMISSES WITHOUT PREJUDICE the Petition. (ECF No. 1.) Accordingly,
the Court also TERMINATES AS MOOT the Emergency Motion for Immediate Release
(ECF No. 2), Motion to Expedite (ECF No. 6), Motion for Immediate Release (ECF No.
7) and Motion to Add Next Friend (ECF No. 8). Finally, the Clerk of Court shall close the
case. In the event that an Amended Petition is filed that corrects the deficiencies identified
above, the Court will reopen the case.
IT IS SO ORDERED.
Dated: February 25, 2026
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