(HC) Cabrera Espinoza v. Becerra ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ADRIAN CABRERA ESPINOZA, Case No. 1:24-cv-01118-SAB-HC 12 Petitioner, ORDER GRANTING PETITIONER’S UNOPPOSED MOTION TO AMEND 13 v. PETITION TO NAME A PROPER RESPONDENT 14 MOISES BECERRA, et al., (ECF No. 58) 15 Respondents. 16 17 Petitioner is a federal immigration detainee proceeding with a petition for writ of habeas 18 corpus pursuant to 28 U.S.C. § 2241. 19 On September 27, 2024, Petitioner filed an unopposed motion to amend the petition to 20 name Golden State Annex Facility Administrator Minga Wofford as a Respondent in this matter. 21 “[L]ongstanding practice confirms that in habeas challenges to present physical confinement— 22 ‘core challenges’—the default rule is that the proper respondent is the warden of the facility 23 where the prisoner is being held . . . .” Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004). In the 24 immigration detention context, the Ninth Circuit has held that “[u]nder Padilla, [Petitioner] must 25 name his immediate custodian, [here] the Facility Administrator of GSA, as the respondent to his 26 petition.” Doe v. Garland, 109 F.4th 1188, 1197 (9th Cir. 2024). 27 /// /// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Petitioner’s unopposed motion to amend the petition (ECF No. 58) is GRANTED; and 3 2. Golden State Annex Facility Administrator Minga Wofford is added as a Respondent in 4 the instant matter. 5 6 IT IS SO ORDERED. DAM Le 7 | Dated: _October 1, 2024 _ OO UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28