Julio Cesar Rocha Gonzalez v. Robert Lynch, Director of Enforcement and Removal...

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Julio Cesar Rocha Gonzalez, : Petitioner, : Case No. 1:26-cv-77 v. Robert Lynch, Director of Enforcement and Judge Susan J. Dlott Removal Operations, Detroit Field Office, , United States Immigration and Customs Enforcement, e¢ al., : Order Granting Unopposed Motion to Drop : Party and Denying as Moot Motion to Respondents. : Dismiss Petitioner Julio Cesar Rocha Gonzalez filed a Petition for Writ of Habeas Corpus (“Habeas Petition”) on January 28, 2026 challenging his detention by Immigration Customs Enforcement (“ICE”) in the Butler County Jail. (Doc. 1.) Petitioner is a citizen of Mexico who entered the United States in 1998 and has been residing in the United States without lawful status since that time. (/d. at PageID 4.) He brings his action against Respondents Robert Lynch, Director of the Detroit Field Office of ICE, in his official capacity; Kristi Noem, Secretary of the Department of Homeland Security, in her official capacity; Executive Office for Immigration Review (“EOIR”); and Nick Fisher, Warden of the Butler County Jail, where Petitioner is detained.

On February 5, 2026, Fisher filed a Motion to Dismiss. (Doc. 8.) On February 11, 2026, Petitioner filed a Motion to Drop Party under Federal Rule of Civil Procedure 21, in which Petitioner requests to drop Fisher as a party and to allow the case to proceed against the remaining Respondents. (Doc. 10.) Fisher does not object to Petitioner’s Motion to Drop Party. (Doc. 13.)

Rule 21 provides that “[o]n motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against any party.” Fed. R. Civ. P. 21.

“Unless the parties state otherwise, dropping a party under Rule 21 means that party is dropped without prejudice.” Fin. Res. Fed. Credit Union v. Diebold, Inc., No, 5:21-CV-00219, 2021 WL 4270077, at *1—2 (N.D. Ohio Apr. 29, 2021) (citing See Michaels Bldg. Co. v. Ameritrust Co, N.A., 848 F.2d 674, 682 (6th Cir. 1988)).

As the Motion to Drop Fisher is uncontested, the Court GRANTS the Motion to Drop Party Under Rule 21 (Doc. 10) and DENIES AS MOOT the Motion to Dismiss. (Doc. 8.) As Petitioner did not specify otherwise, Fisher will be dropped as a party without prejudice.

IT IS SO ORDERED.

Judge Susan J. Dlot United States District Court