# Francique

> District Court, S.D. California · June 22, 2026

URL: https://www.frixlaw.com/law-library/cases/11376621

## Case

- **Full name:** Pouchon Francique v. Warden
- **Court:** District Court, S.D. California
- **Decided:** June 22, 2026
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
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11 POUCHON FRANCIQUE, Case No.: 26-cv-3531-RSH-JLB

12 Petitioner,
ORDER DISMISSING PETITION
13 v. FOR WRIT OF HABEAS CORPUS

14 WARDEN,

15 Respondent.
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On June 12, 2026, petitioner Pouchon Francique filed a petition for writ of habeas
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corpus pursuant to 28 U.S.C. § 2241 (the “Petition”). ECF No. 1. On June 18, 2026, the
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action was transferred to the undersigned. ECF No. 3.
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Title 28 of the U.S. Code, Section 2241, provides that “[w]rits of habeas corpus may
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be granted by the Supreme Court, any justice thereof, the district courts and any circuit
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judge within their respective jurisdictions.” 28 U.S.C. § 2241(a). A detainee bears the
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burden of demonstrating that “[h]e is in custody in violation of the Constitution or laws or
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treaties of the United States.” 28 U.S.C. § 2241(c)(3). Rule 4 of the Rules Governing
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Section 2254 Cases in the U.S. District Courts (the “Habeas Rules”) requires summary
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dismissal of a federal habeas petition “[i]f it plainly appears from the petition and any
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attached exhibits that the petitioner is not entitled to relief in the district court.” See also
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1 || Habeas Rule 1(b) (permitting district courts to apply Habeas Rules to Section 2241 habeas
2 || proceedings); Lane v. Feather, 584 F. App’x 843, 843 (9th Cir. 2014) (affirming district
3 || court’s application of Habeas Rule 4 to dismiss Section 2241 petition).
4 This action is Petitioner’s fourth immigration habeas petition that has been assigned
5 ||to the undersigned. See also Case Nos. 26-cv-1126, 26-cv-2304, 26-cv-2722. The most
6 recent of these prior petitions, 26-cv-2722, remains pending.
7 The current Petition requests Petitioner’s release, but does not provide an adequate
8 || legal basis for such relief. Petitioner alleges only in conclusory terms that the immigration
9 judge erred in determining that he was a flight risk. ECF No. 1-2 at 1. However, the relief
10 || for such a claim of error is generally an appeal to the Board of Immigration Appeals. See
11 ||Leonardo v. Crawford, 646 F.3d 1157, 1160 (9th Cir. 2011) (“Here, [the petitioner]
12 || pursued habeas review of the IJ’s adverse bond determination before appealing to the BIA.
13 || This short cut was improper. Leonardo should have exhausted administrative remedies by
14 || appealing to the BIA before asking the federal district court to review the IJ’s decision.”).
15 Petitioner’s allegations do not establish that “[h]e is in custody in violation of the
16 || Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241(c)(3). Accordingly,
17 Petition is DISMISSED. The Clerk of Court is directed to close the case.
18 IT IS SO ORDERED.
Dated: June 22, 2026 Jehut C Low
Hon. Robert S. Huie
United States District Judge
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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11376621. Public record. Not legal advice.