Diego Andres Rosales Melendez v. U.S. Immigration and Customs Enforcement
- Proceeding
- district
- Area
- civil
- Panel
- Janis L. Sammartino (author)
Analysis
The court considered a pro se petition for a writ of habeas corpus filed by Diego Andres Rosales Melendez against U.S. Immigration and Customs Enforcement. The court dismissed the petition without prejudice, finding it duplicative of a separate, fully briefed petition filed by counsel in a different case.
| What the court decided | The model |
|---|---|
Petition for Writ of Habeas Corpus dismissed without prejudice“Therefore, the Petition is DISMISSED WITHOUT PREJUDICE.” | agree with court The court's decision to dismiss the petition as duplicative is consistent with the principle that courts may dismiss repetitive or duplicative habeas petitions to avoid redundant litigation, especially when a parallel action with full briefing is pending. The order cites a district court case from the Western District of Washington to support this proposition. While the order is brief, the reasoning that the claims are 'fully addressed' in the other matter provides a sufficient basis for dismissal without prejudice, allowing the petitioner to pursue the claims in the pending action. |
The order itself: sound with gaps — The order relies on a single, non-binding district court case from another circuit (W.D. Wash.) to support the dismissal of a duplicative petition. While the legal principle is generally accepted, the order does not cite any binding Ninth Circuit or Supreme Court authority on the specific procedural mechanism for dismissing duplicative habeas petitions (e.g., under Rule 12(b)(6) or inherent authority). The reasoning is concise and directly addresses the existence of the parallel case, but the lack of higher-level authority makes the legal foundation slightly thin, though the result is defensible.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DIEGO ANDRES ROSALES Case No.: 26-CV-3382 JLS (MSB) MELENDEZ, 12 ORDER DISMISSING PETITION Petitioner, 13 v. (ECF No. 1) 14 U.S. IMMIGRATION AND CUSTOMS 15 ENFORCEMENT, 16 Respondent. 17 18 Presently before the Court is Petitioner Diego Andres Rosales Melendez’s Petition 19 for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Pet.,” ECF No. 1). Petitioner 20 has another petition pending before this Court that is awaiting briefing and was filed by 21 counsel. See Rosales Melendez v. LaRose, et al., No. 26-CV-3423 JLS (MMP), ECF No. 22 1 (S.D. Cal. June 5, 2026). Petitioner, proceeding pro se in the present matter, did not 23 provide sufficient information for the Court to grant relief. See generally Pet. The Court 24 finds that Petitioner’s claims will be fully addressed in his other matter that was fully 25 briefed by counsel and is awaiting a response from the Government. See Rosales 26 Melendez, No. 26-CV-3423 JLS (MMP), ECF No. 2. 27 / / / 28 / / / 1 A habeas petition is subject to summary dismissal when it is repetitive or duplicative. 2 || See, e.g., Salas v. Att’y Gen., No. 23-CV-1118-TL-TLF, 2023 WL 5826738, at *2 (W.D. 3 ||Wash. Aug. 21, 2023). Therefore, the Petition is DISMISSED WITHOUT 4 |}/PREJUDICE. As this concludes the litigation in this matter, the Clerk of the Court 5 SHALL CLOSE the file. 6 IT IS SO ORDERED. 7 ||Dated: June 11, 2026 on. Janis L. Sammartino ? United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28