1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 RUBISEL AGUILAR PEREZ, Case No.: 3:25-cv-3522-CAB-MMP

12 Petitioner, ORDER DISMISSING PETITION 13 v. FOR WRIT OF HABEAS CORPUS 14 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, 15 Respondent. 16

17 Before the Court is Rubisel Aguilar Perez’s petition for writ of habeas corpus 18 pursuant to

. [Doc. No. 1.] Having reviewed Mr. Perez’s petition, the 19 Court finds it deficient because the proper respondent is the warden of Otay Mesa Regional 20 Detention Center. Habeas petitioners “challenging their present physical confinement 21 [must] name their immediate custodian, the warden of the facility where they are detained, 22 as the respondent to their petition.” Doe v. Garland,

(9th Cir. 2024). 23 The Court cannot exercise jurisdiction over Mr. Perez’s petition so long as he fails to name 24 as respondent the warden of the detention facility where he is being detained. 25 Accordingly, the Court DISMISSES Mr. Perez’s petition with leave to amend to 26 include the warden of Otay Mesa Regional Detention Center as a respondent. Petitioner 27 28 1 ||shall have thirty days from the date of this order to file an amended petition for writ of 2 || habeas corpus. 3 It is SO ORDERED. 4 Dated: December 16, 2025 ( (jp — 5 Hon. Cathy Ann Bencivengo 6 United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28