Utuy v. Noem et al

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26-cv-1007-AGS-BLM
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Osber Gabriel IZAAC UTUY,
Petitioner,
v.
Kristi NOEM, et al.,
Respondents.
Case No.: 26-cv-1007-AGS-BLM
ORDER DISMISSING HABEAS
PETITION (ECF 1) FOR FAILURE
TO NAME PROPER RESPONDENT
Petitioner Osber Izaac Utuy 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 Izaac Utuy chooses to file an amended petition naming the proper
respondent, he must do so by March 4, 2026.
Dated: February 18, 2026
___________________________
Hon. Andrew G. Schopler
United States District Judge
Case 3:26-cv-01007-AGS-BLM Document 3 Filed 02/18/26 PageID.<pageID> Page
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