Ramos Ixcotoyac v. U.S. Immigration and Customs Enforcement (ICE)

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26-cv-0482-AGS-DDL
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Wilmar Eduardo RAMOS IXCOTOYAC,
Petitioner,
v.
U.S. IMMIGRATION and CUSTOMS
ENFORCEMENT (ICE),
Respondent.
Case No.: 26-cv-0482-AGS-DDL
ORDER DISMISSING PETITION
WITHOUT PREJUDICE
Petitioner Wilmar Ramos Ixcotoyac seeks a writ of habeas corpus under 28 U.S.C.
§ 2241 to free him from immigration detention. But his petition fails to name the proper
respondent. Petitions for habeas corpus must name as a respondent “the person who has
custody over” the petitioner. “[T]he default rule is that the proper respondent is the warden
of the facility where the prisoner is being held[.]” Rumsfeld v. Padilla, 542 U.S. 426, 435
(2004); see also Doe v. Garland, 109 F.4th 1188, 1199 (9th Cir. 2024) (“affirm[ing] the
application of the immediate custodian” rule to “habeas petitions filed pursuant to 28
U.S.C. § 2241, including those filed by immigrant detainees” and ruling a district court
cannot consider a misnamed petition). Ramos Ixcotoyac only names “U.S. Immigration
and Customs Enforcement (ICE)” as a respondent. (ECF 1, at 1.) So, the petition must be
dismissed, but Ramos Ixcotoyac may file an amended petition remedying that defect. Any
amended petition is due February 23, 2026.
Dated: January 29, 2026
___________________________
Hon. Andrew G. Schopler
United States District Judge
Case 3:26-cv-00482-AGS-DDL Document 2 Filed 01/29/26 PageID.<pageID> Page
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