Summary
The United States District Court for the Western District of Washington issued an order to show cause in Sergio Arthur Gamez Zuniga’s habeas petition challenging his immigration detention. The court directed the petitioner to explain why the case should not be dismissed for lack of subject-matter jurisdiction because the petition did not clearly name the warden of the detention facility as the immediate custodian, and allowed amendment by December 17, 2025.
Holdings
- A petitioner seeking release from present physical confinement must name the immediate custodian, ordinarily the warden of the facility where the petitioner is detained, as the respondent.
- The court must independently determine whether subject-matter jurisdiction exists and must dismiss the action if jurisdiction is lacking.
Questions Presented
- Whether a habeas petitioner challenging present physical confinement must name the immediate custodian—the warden of the facility where the petitioner is detained—as the respondent.
- Whether the court should dismiss the petition for lack of subject-matter jurisdiction because the petition incorrectly identified the purported warden and did not clearly name the immediate custodian.
Disposition
other
Cases Cited (4)
- Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006)(followed)
- AG v. Marathon Oil Co., 526 U.S. 574, 577 (1999)(followed)
- Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004)(followed)
- Doe v. Garland, 109 F.4th 1188, 1193–97 (9th Cir. 2024)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…