Perez Oropeza v. Warden, Otay Mesa Detention Center

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3:25-cv-3775-CAB-MSB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ALI ANTONIO PEREZ OROPEZA,
Petitioner,
v.
CHRISTOPHER LAROSE,
Respondent.
Case No.: 3:25-cv-3775-CAB-MSB
ORDER DISMISSING HABEAS
PETITION
Before the Court is Petitioner Ali Antonio Perez Oropeza’s amended petition for
writ of habeas corpus pursuant to 28 U.S.C. § 2241. [Doc. No. 5.] Petitioner is proceeding
pro se, so the Court construes his petition liberally. See Roy v. Lampert, 465 F.3d 964, 970
(9th Cir. 2006).
A writ of habeas corpus challenges the legality of a petitioner’s custody and seeks
to secure release from that illegal custody. Under 28 U.S.C. § 2241, a district court may
grant a writ of habeas corpus when the petitioner “is in custody in violation of the
Constitution or laws or treaties of the United States.” The petitioner bears the burden of
demonstrating that he is in illegal custody. 	See Martinez v. Noem, No. 25-CV-2740-
BJCBJW, 2025 WL 3171738, at *2 (S.D. Cal. Nov. 13, 2025).
Even construing his petition liberally, Petitioner fails to carry his burden to show he
is in illegal custody. He writes only that he “was taken into custody in the hallway of the
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courthouse[,]” that he had a “valid worker’s permit and social security[,]” and that he has
an “A# with [USCIS].” [Doc. No. 5 at 4–5.] Petitioner does not discuss how his detention
is unlawful nor provide any basic details like when he entered the United States, where he
is from, or any previous interactions with immigration authorities. Accordingly, the Court
DISMISSES the petition.
It is SO ORDERED.
Dated: January 23, 2026
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