Mohadjer v. Wolf

Summary

The United States District Court for the Southern District of California dismissed Pajman Mohadjer’s 28 U.S.C. § 2241 habeas petition with leave to amend. The court held that the petition was deficient because it failed to name the warden of the Otay Mesa Regional Detention Center as the immediate custodian, and granted thirty days to file an amended petition.

Holdings

1. A habeas petitioner challenging present physical confinement must name the immediate custodian, ordinarily the warden of the facility where the petitioner is detained, as the respondent.
2. A § 2241 habeas petition that fails to name the detainee's immediate custodian may be dismissed with leave to amend to name the proper custodian.

Questions Presented

1. Whether a habeas petition challenging present physical confinement must name the detainee's immediate custodian as the respondent.
2. Whether the petition should be dismissed when it fails to name the warden of the detention facility as respondent.

Disposition

dismissed