Southern District of California • 3:26-cv-03599
Chavez Saldivar v. LaRose
Active
Case Information
Filed: June 16, 2026
Assigned to:
Dana Makoto Sabraw
Referred to:
Valerie E. Torres
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241fd Petition for Writ of Habeas Corpus (federal)
Active
Last Activity:
July 06, 2026
Parties:
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Docket Entries
#1
May 06, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 211921.) filed by OSCAR CHAVEZ SALDIVAR. (Attachments: # 1 Civil Cover Sheet)(zhcn) [Transferred from District of Columbia on 6/17/2026.] (Entered: 05/22/2026)
Main Document:
PETITION
May 23, 2026
MINUTE ORDER. Before the Court is the petitioner's 1 Writ of Habeas Corpus. The petitioner states that he is in U.S. Immigration and Customs Enforcement custody in a detention facility in San Diego, California. Dkt. 1, at 1. He names as respondent the warden of the Otay Mesa Detention Center in San Diego. Id.; see, e.g., Flores v. Larose, 2026 WL 1269891 (S.D. Cal. May 8, 2026). In his petition under 28 U.S.C. § 2241, the petitioner asks this Court to "immediately release [him] from custody." Dkt. 1, at 8 (citation modified). This Court is not the proper forum to consider this writ against the petitioner's immediate custodian seeking release. See 28 U.S.C. § 2241(a); Rumsfeld v. Padilla, 542 U.S. 426, 439 (2004); Stokes v. U.S. Parole Comm'n, 374 F.3d 1235, 1237-38 (D.C. Cir. 2004); Vetcher v. Sessions, 316 F. Supp. 3d 70, 78 (D.D.C. 2018). Because the petitioner is detained in San Diego and names the warden of the facility as respondent, the proper court is the Southern District of California. The Court will transfer this petition to that court "in the interest of justice." 28 U.S.C. § 1631. Accordingly, it is ORDERED that this case is TRANSFERRED to the U.S. District Court for the Southern District of California. The Clerk of Court is directed to close this case after transfer is complete. So Ordered by Judge Dabney L. Friedrich on May 23, 2026. (lcdlf3) [Transferred from District of Columbia on 6/17/2026.]
May 26, 2026
Set/Reset Deadlines: Transfer due by 6/15/2026. (smc) [Transferred from District of Columbia on 6/17/2026.]
#2
Jun 16, 2026
Case transferred in from District of Columbia; Case Number 1:26-cv-01767. Original file received electronically (Entered: 06/17/2026)
Main Document:
Case Transferred In - District Transfer (Electronic Transfers Only)
#3
Jun 16, 2026
District Judge Dana M. Sabraw and Magistrate Judge Valerie E. Torres assigned to transfer case from District of Columbia. (All non-registered users served via U.S. Mail Service)(no document attached) (ggv) (Entered: 06/17/2026)
Jun 17, 2026
Electronic Transfer In
#5
Jun 18, 2026
Notice (Other)
Main Document:
Notice (Other)
Jun 18, 2026
Order of Judge Transfer
Jun 22, 2026
Order to Show Cause
#7
Jul 06, 2026
Mail Returned
Main Document:
Mail Returned
#8
Jul 06, 2026
Mail Returned
Main Document:
Mail Returned
Parties
Chavez Saldivar
Party
LaRose
Party