Mohadjer v. Wolf

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA PAJMAN MOHADJER, Case No.: 3:25-cv-02409-CAB-AHG 12 Petitioner, ORDER DISMISSING PETITION v. FOR WRIT OF HABEAS CORPUS LOGAN WOLF, Assistant Director of the Otay Mesa Field Office, U.S [Doc. No. 1] Immigration Customs Enforcement; TODD M. LYONS, Acting Director U.S Immigration Customs Enforcement; KRISTI NOEM, Secretary of the U.S Department of Homeland Security; and PAMELA BONDI, Attorney General of the United States.

Respondents.

23 Pending before the Court is Pajman Mohadjer’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. [Doc. No. 1.]1 Mr. Mohadjer is an Iranian national who has been held in detention at the Otay Mesa Regional Detention Center since November 4, 2024.

1 Document numbers and page references are to those assigned by CM/ECF for the docket ||[Doc. No. 4 at 2.] Respondents filed an Opposition. [Doc. No. 4]. For the following |}reasons, Mr. Mohadjer’s petition for a writ of habeas corpus is DISMISSED WITH || LEAVE TO AMEND.

4 Having reviewed Mr. Mohadjer’s petition, the Court finds that it is deficient because ||the proper respondent for the petition is the warden of the Otay Mesa Regional Detention || Facility. Habeas petitioners “challenging their present physical confinement [must] name ||their immediate custodian, the warden of the facility where they are detained, as the ||respondent to their petition.” Doe v. Garland, 109 F.4th 1188, 1197 (9th Cir. 2024). The || Court cannot exercise jurisdiction over Mr. Mohadjer’s petition so long as he fails to name || as respondent the warden of the detention facility where he is being detained.

11 Accordingly, the Court DISMISSES Mr. Mohadjer’s petition WITH LEAVE TO || AMEND to include the warden of the Otay Mesa Regional Detention Center as a |}respondent. Plaintiff shall have thirty (30) days from the date of this order to refile an ||amended petition for a writ of habeas corpus.

15 IT IS SO ORDERED.

17 || Dated: October 10, 2025 Hon. Cathy Ann Bencivengo 19 United States District Judge