Yenny Fernanda Gonzalez Rodriguez v. Acting Director, U.S. Immigration and Customs Enforcement, et al.
- Proceeding
- district
- Area
- civil
- Panel
- Cathy Ann Bencivengo (author)
Analysis
The court reviewed a petition for a writ of habeas corpus filed by Yenny Fernanda Gonzalez Rodriguez. The court dismissed the petition without prejudice because it was duplicative of another pending habeas petition assigned to the same court.
| What the court decided | The model |
|---|---|
Petition for writ of habeas corpus dismissed without prejudice“Therefore, the Court DISMISSES this Petition WITHOUT PREJUDICE.” | agree with court The court correctly identified that the petition was duplicative of a pending case (3:26-CV-3729-CAB-DEB) and that it contained no new grounds for relief. Dismissing a duplicative petition without prejudice is a standard procedural mechanism to prevent redundant litigation while preserving the petitioner's right to file a consolidated or amended petition in the pending case. |
The order itself: sound — The order is procedurally sound. It identifies the specific basis for dismissal (duplicative of pending case 3:26-CV-3729-CAB-DEB) and cites a relevant district court case supporting the proposition that duplicative petitions may be summarily dismissed. The dismissal is without prejudice, which is appropriate given the existence of the pending case where the claims can be litigated.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 YENNY FERNANDA GONZALEZ Case No.: 3:26-cv-4403-CAB-DEB RODRIGUEZ, 12 ORDER SUMMARILY DISMISSING Petitioner, 13 PETITION v. 14 ACTING DIRECTOR, U.S. 15 IMMIGRATION AND CUSTOMS 16 ENFORCEMENT, et al., 17 Respondents. 18 19 Petitioner Yenny Fernanda Gonzalez Rodriguez has filed a petition for a writ of 20 habeas corpus pursuant to 28 U.S.C. § 2241. [Doc. No. 1 (“Petition”).] Upon review, the 21 Court notes that Petitioner already has another pending habeas petition assigned to this 22 Court. See Case. No. 3:26-CV-3729-CAB-DEB. 23 /// 24 /// 25 /// 26 /// 27 /// 28 A habeas petition is subject to summary dismissal when it is repetitive or duplicative. 2 || See, e.g., Salas v. Att’y Gen., No. 2:23-cv-01118-TL-TLF, 2023 WL 5826738, at *2 (W.D. 3 || Wash. Aug. 21, 2023). Here, the Petition provides no new information or grounds for relief 4 are not raised in the petition already pending before this Court. Therefore, the Court 5 ||DISMISSES this Petition WITHOUT PREJUDICE. 6 Itis SO ORDERED. 7 Dated: August 4, 2026 ( GE — 8 Hon. Cathy Ann Bencivengo 9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28