Opinion

I UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA 3 || Osber Gabriel IZAAC UTUY, Case No.: 26-cv-1007-AGS-BLM 4 Petitioner,, ORDER DISMISSING HABEAS 5 || y PETITION (ECF 1) FOR FAILURE TO NAME PROPER RESPONDENT 6 || Kristi NOEM, et al., 7 Respondents. 8 Petitioner Osber Izaac Utuy seeks a writ of habeas corpus under 28 U.S.C. § 2241 to free him from immigration detention. But this Court lacks “jurisdiction” over his petition 10 because he did not name “the proper respondent”—‘the warden of the facility where [he] i is being held.” See Rumsfeld v. Padilla, 542 U.S. 426, 434-35 (2004); see also 28 U.S.C. 12 § 2242 (“Application for a writ of habeas corpus . . . shall allege the facts concerning the 13 applicant’s commitment or detention, the name of the person who has custody over him and by virtue of what claim or authority, 1f known.” (emphasis added)). So, his petition ID must be dismissed. If Izaac Utuy chooses to file an amended petition naming the proper 16 respondent, he must do so by March 4, 2026. M Dated: February 18, 2026 19 Hon. rew G. Schopler 20 United States District Judge 21 22 23 24 25 26 27 28 ]