Case Name in Immigration Case - Unavailable

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3:26-cv-0472-CAB-KSC
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JAVIER HERNANDEZ LOPEZ,
Petitioner,
v.
PAMELA BONDI, et al.,
Respondents.
Case No.: 3:26-cv-0472-CAB-KSC
ORDER DISMISSING PETITION
WITH LEAVE TO AMEND
On January 26, 2026, Petitioner Javier Hernandez Lopez filed a petition for a writ
of habeas corpus pursuant to 8 U.S.C. § 2241. [Doc. No. 1 (“Petition”)]. Petitioner, who
is currently detained by Immigration and Customs Enforcement (“ICE”) at the Otay Mesa
Detention Center in San Diego, California, contends ICE is unlawfully detaining him. [Id.
at 9–10]. However, the Petition must be dismissed with leave to amend because Petitioner
did not name the proper respondent.
When a habeas petitioner challenges his present physical confinement, he must name
as respondent the warden of the facility where the prisoner is held, not the Attorney General
or some other supervisory official. 	Doe v. Garland, 109 F.4th 1188, 1194–95 (9th Cir.
2024) (holding district court’s exercise of jurisdiction erroneous where petitioner failed to
name his immediate custodian as respondent to his petition); 28 U.S.C. § 2242. 	Here,
because Petitioner failed to name his immediate custodian—the warden or de facto warden
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3:26-cv-0472-CAB-KSC
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of Otay Mesa Detention Center—as respondent, the Court lacks jurisdiction over the
Petition. Accordingly, the Petition will be DISMISSED with leave to amend.
If Petitioner wishes to reopen this case, he must file a First Amended Petition within
thirty (30) days of the date of this Order. 	The First Amended Petition shall name as the
Respondent the person having immediate custody over Petitioner, namely the warden or
de facto warden of the facility where he is detained. Petitioner must identify his immediate
custodian by name, not simply by title. 	Moreover, Plaintiff’s amended petition must be
complete in itself without reference to his original pleading. 	Defendants not named and
any claim not re-alleged in the amended complaint will be considered waived. 	See S.D.
Cal. CivLR 15.1(a).
It is SO ORDERED.
Dated: January 29, 2026
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