Maria Fernanda Shklyarevsky v. ICE Field Office Director

Opinion

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4 5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 MARIA FERNANDA SHKLYAREVSKY, CASE NO. 2:26-cv-01079-JHC 8 Petitioner, ORDER 9 v. 10 ICE FIELD OFFICE DIRECTOR, 11 Respondent. 12

13 This matter comes before the Court sua sponte. In Maria Fernanda Shklyarevsky’s 14 Petition for Writ of Habeas Corpus, she lists only “ICE Field Office Director” as the Respondent. 15 Dkt. # 3. “[H]abeas petitioners challenging their present physical confinement [must] name their 16 immediate custodian, the warden of the facility where they are detained, as the respondent to 17 their petition.” Doe v. Garland, 109 F.4th 1188, 1197 (9th Cir. 2024); see also Rumsfeld v. 18 Padilla, 542 U.S. 426, 439 (2004); Rivera-Trigueros v. Becerra, 720 F. Supp. 3d 808, 811–813 19 (N.D. Cal. 2024); cf. Sarr v. Scott, 765 F. Supp. 3d 1095 (W.D. Wash. 2025) (moving to 20 substitute “Bruce Scott” the warden of Northwest Immigration Processing Center (NWIPC) as 21 Respondent). If a petitioner fails to do so, the district court lacks jurisdiction over the petition. 22 Doe, 109 F.4th at 1197. For this matter to proceed, Petitioner’s current custodian—such as the 23 24 1 warden of the NWIPC—nmust be named as one of the respondents. Otherwise, the Court does 7 have jurisdiction to review the petition. B Accordingly, the Court ORDERS Petitioner to show cause why her current petition 4 should not be dismissed without prejudice for failing to name the proper respondent(s) or, in the 5 alternative, grants Petitioner leave to amend her petition in name and serve the proper 6 respondent(s). The Court provides Petitioner until June 3, 2026 to respond though Petitioner may respond sooner. If no response is received by such date, the Court will dismiss the petition 8 without prejudice. 9 The Clerk is directed to send uncertified copies of this Order to all counsel of record and 10 || to any party appearing pro se at said party’s last known address. 11 Dated this 12th day of May, 2026. 12

14 John H. Chun United States District Judge 15 16 17 18 19 20 21 22 23 24