Roberto Maceo Rodriguez v. Warden, Otay Mesa Detention Center
- Proceeding
- district
- Area
- civil
- Panel
- Andrew G. Schopler (author)
Analysis
The court reviewed a self-represented habeas petition challenging immigration detention and found it failed to state a cognizable claim because it did not explain why the detention was unlawful. The court denied the petition but granted leave to amend by January 16, 2026.
| What the court decided | The model |
|---|---|
Denial of habeas petition“The habeas petition is therefore DENIED.” | agree with court The court correctly applied the standard for summary dismissal of habeas petitions, which requires that the petition be 'clearly not cognizable' or lack 'any potential merit.' The order recites that the petitioner failed to allege specific legal grounds for the unlawfulness of his detention (such as procedural defects under 8 C.F.R. § 241.13 or unreasonable duration under Zadvydas). Because the petition did not identify a legal basis for relief, the denial is supported by the record recited in the order. |
Grant of leave to amend“But the Court grants Maceo Rodriguez leave to amend.” | agree with court Granting leave to amend is a discretionary matter. Given that the petitioner is self-represented and the defects identified (failure to specify legal grounds and proper respondent) are curable, granting leave is a reasonable and standard procedural response to a deficient initial filing. |
The order itself: sound — The order correctly identifies the low threshold for summary dismissal of habeas petitions and applies it to the specific deficiencies in the petitioner's filing. It cites the correct Ninth Circuit authority for the standard and correctly identifies the specific legal theories (procedural defects and duration) that the petitioner failed to plead. The instruction to name the proper respondent is also legally sound based on Rumsfeld v. Padilla.
Opinion
1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA 3 Roberto MACEO RODRIGUEZ, Case No.: 25-cv-3626-AGS-MSB 4 Petitioner, ORDER DENYING HABEAS PETITION (ECF 1) 5 v. 6 WARDEN, Otay Mesa Detention Center, 7 Defendant. 8 9 Self-represented petitioner Roberto Maceo Rodriguez seeks a writ of habeas corpus 10 under 28 U.S.C. § 2241 challenging his immigration detention. At this stage, he need only 11 make out a claim that is sufficiently cognizable to warrant a response. See Rules Governing 12 Section 2254 Cases in the United States District Courts, Rule 4 (authorizing summary 13 dismissal “if it plainly appears from the petition and any attached exhibits that the petitioner 14 is not entitled to relief”); id., Rule 1(b) (permitting application of Rules Governing Section 15 2254 Cases to any “habeas corpus petition”). In this context, the relevant federal rules 16 permit “summary dismissal of claims that are clearly not cognizable.” Neiss v. Bludworth, 17 114 F.4th 1038, 1045 (9th Cir. 2024) (cleaned up). But “as long as a petition has any 18 potential merit, it is not so frivolous or incredible as to justify summary dismissal[.]” Id. 19 Though this “any potential merit” standard is low, Maceo Rodriguez’s petition does 20 not meet it. That is, he does not sufficiently explain why his current immigration detention 21 is unlawful, so as to require habeas relief. The petition references a prior “I-220B order of 22 supervision,” which suggests that Maceo Rodriguez was previously ordered removed from 23 the United States, only to be later released and allowed to stay in the country on an order 24 of supervision. (See ECF 1, at 2–3.) Although he allegedly “complied with all ICE 25 requirements and appointments,” immigration officials re-detained him on “August 5, 26 2025.” (Id.) Yet the petition gives no inkling as to why this re-detention should be 27 considered unlawful. For example, he does not mention any procedural defects, such as the 28 denial of “prompt” interview after his arrest. See 8 C.F.R. § 241.13(i)(3). Nor does he 1 || suggest there is any other post-removal-order detention time that might render his current 2 || custodial period unconstitutionally prolonged. See Zadvydas v. Davis, 533 U.S. 678, 701 3 (2001) (holding that “six months” is a “presumptively reasonable period of detention” for 4 those detained under 8 U.S.C. § 1231). 5 The habeas petition is therefore DENIED. But the Court grants Maceo Rodriguez 6 leave to amend. By January 16, 2026, he may file an amended petition that remedies the 7 || defects identified above. If he files an amended petition, Maceo Rodriguez must also list 8 ||the respondent(s) by name, in their official capacity. See 28 U.S.C. § 2242; Rumsfeld v. 9 || Padilla, 542 U.S. 426, 435 (2004) (“[I]n habeas challenges to present physical 10 || confinement—‘core challenges’—the default rule is that the proper respondent is the 11 || warden of the facility where the prisoner is being held.”). 12 ||Dated: December 17, 2025 14 Hon. rew G. Schopler United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28