California Case Summaries

Edgar Ramirez Martinez v. Homeland Security and Markwayne Mullin, Secretary of the Department of Homeland Security — Habeas Petition Dismissed With Leave to Amend for Failure to Name Immediate Custodian

Unreported / Non-Citable

Case
Edgar Ramirez Martinez v. Homeland Security and Markwayne Mullin, Secretary of the Department of Homeland Security
Court
U.S. District Court — Southern District of California
Judge
Cathy Ann Bencivengo
Date decided
2026-11-04
Docket No.
3:26-cv-06242
Topics
habeas corpus, 28 U.S.C. § 2241, immigration detention, immediate custodian rule, proper respondent, leave to amend, pro se petitioner

Disposition notice

The U.S. District Court for the Southern District of California dismissed the habeas corpus petition filed by immigration detainee Edgar Ramirez Martinez under 28 U.S.C. § 2241 with leave to amend. The court held that the petition was defective because it failed to name the warden of the facility where Petitioner is detained as a respondent, citing the immediate custodian rule as articulated in Doe v. Garland, 109 F.4th 1188, 1197 (9th Cir. 2024). The court stated it cannot exercise jurisdiction unless an amended petition naming the proper respondent is filed. Petitioner may file an amended petition in this case by December 2, 2026; if no amended petition is filed, the case will be closed. The Clerk of the Court was directed to provide a copy of the district's latest petition for a writ of habeas corpus in an immigration case.

Read the public order

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