Grenier Rivero-Tapanes v. Warden

Summary

The court dismissed without prejudice a pro se habeas petition challenging immigration detention because it was unsigned and did not properly identify a respondent. The court granted 21 days to file a signed and verified amended petition and required any purported next friend to establish the propriety of that status.

Holdings

1. A habeas petition must be signed and verified by the person seeking relief or by a properly established next friend; a person may not litigate on the detainee's behalf merely by labeling himself an authorized representative.
2. A habeas petition must identify the person who has custody over the petitioner and the authority for that custody, when known; the petition's failure to identify a respondent independently supported dismissal without prejudice.

Questions Presented

1. Whether an unsigned habeas petition may proceed when the person filing on behalf of the detainee has not established next-friend status.
2. Whether a habeas petition may proceed when it does not identify the person having custody over the petitioner.

Disposition

dismissed