Opinion

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

ELIAN OVALLE ESTEVEZ,

Case No. 26–cv–00371–ESK

Petitioner,

v.

OPINION

U.S. IMMIGRATION AND

CUSTOM ENFORCEMENT, et al.,

Respondents.

KIEL, U.S.D.J.

Maria Verás filed a petition for writ of habeas corpus under 28 U.S.C.

§ 2241 (Petition) as a “next friend” for petitioner Elian Ovalle Estevez, an

immigration detainee confined in the Elizabeth Contract Detention Facility,

New Jersey (Elizabeth Facility.) (ECF No. 1 p.1.)

The filing fee for a petition for writ of habeas corpus is $ 5.00. Pursuant

to Local Civil Rule 54.3(a), the filing fee is required to be paid at the time the

petition is presented for filing. If a petitioner does not pay the filing fee and

instead seeks to proceed in forma pauperis, that petitioner must submit (a) an

affidavit setting forth information which establishes that the petitioner is

unable to pay the fees and costs of the proceedings, and (b) a certification signed

by an authorized officer of the institution certifying (1) the amount presently on

deposit in the petitioner’s prison account and, (2) the greatest amount on

deposit in the petitioner’s institutional account during the six-month period

prior to the date of the certification. L.Civ.R. 81.2(b). If the institutional

account of the petitioner exceeds $ 200, the petitioner shall not be considered

eligible to proceed in forma pauperis. L.Civ.R. 81.2(c).

Verás did not pay the filing fee or submit an in forma pauperis application

on petitioner’s behalf, so this matter must be administratively terminated

pending receipt of either the fee or in forma pauperis application.

In addition, a petition for a writ of habeas corpus “shall be in writing

signed and verified by the person for whose relief it is intended or someone

acting in his behalf.” 28 U.S.C. § 2242. “‘[N]ext friend’ standing ... has long

been an accepted basis for jurisdiction in certain circumstances.” Whitmore v.

Arkansas, 495 U.S. 149, 162 (1990). “Most frequently ‘next friends’ appear ...

on behalf of detained prisoners who are unable ... to seek relief themselves.”

Id.

To qualify for next friend status, the third person must satisfy two

requirements. “First, a ‘next friend’ must provide an adequate explanation—

such as inaccessibility, mental incompetence, or other disability—why the real

party in interest cannot appear on his own behalf to prosecute the action.” Id.

at 163. “Second, the ‘next friend’ must be truly dedicated to the best interests

of the person on whose behalf [she] seeks to litigate, and it has been further

suggested that a ‘next friend’ must have some significant relationship with the

real party in interest.” Id. at 163–64 (internal citation omitted). “The burden

is on the ‘next friend’ clearly to establish the propriety of [her] status and

thereby justify the jurisdiction of the court.” Id. at 164.

Verás, a naturalized citizen, is petitioner’s aunt. (ECF No. 1–2 p. 1.)

Therefore, I conclude that she has established a significant relationship with

petitioner. However, she has not provided any facts suggesting that petitioner

is unable to pursue this action on his own. She alleges that petitioner is being

subjected to “inhumane and degrading living conditions,” but these cursory

allegations do not address petitioner’s inability to pursue an action in this

Court.

However, even if I were to conclude that Verás had made sufficient

allegations about petitioner’s inability to pursue this matter himself, “the Third

Circuit has held that a ‘non-attorney cannot represent another party, even if

acting as a next friend.’” Kerrigan v. Ortiz, No. 21–cv–01027, 2021 WL

6424641, at *2 (D.N.J. Dec. 6, 2021) (quoting Schlemmer v. Cent. Intel. Agency,

804 F. App’x 127, 128 n. 2 (3d Cir. 2020)). Therefore, I will administratively

terminate this matter, subject to reopening if Verás obtains counsel or

petitioner files a pro se habeas petition.1 See e.g., Bah v. Tsoukaris, No. 25–

cv–16925, 2025 WL 3041812, *3 (D.N.J. Oct. 31, 2025) (administratively

terminating habeas petition for petitioner to cure defects in next friend

application)..

An appropriate Order accompanies this Opinion.

/s/ Edward S. Kiel

EDWARD S. KIEL

UNITED STATES DISTRICT JUDGE

Dated: January 20, 2026

1 I will instruct the Clerk to mail Verás a blank habeas petition.