Opinion

LaRose

Court
District Court, S.D. California
Filed
Jun 26, 2026
Cited by
0 cases

The opinion

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10 UNITED STATES DISTRICT COURT

11 SOUTHERN DISTRICT OF CALIFORNIA

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13 JORGE EDUARDO CRISTOBAL Case No.: 3:26-cv-3613-CAB-JAC

AMEZCUA,

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ORDER DISMISSING THIRD

Petitioner,

15 PETITION FOR A WRIT OF

v. HABEAS CORPUS

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CHRISTOPHER LAROSE,

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Respondent.

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20 Petitioner Jorge Eduardo Cristobal Amezcua, an immigration detainee proceeding

21 pro se, has filed a third petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.

22 [Doc. No. 1 (“Third Petition”).] On March 2, 2026, Petitioner filed his first habeas petition

23 in a separate case. [Case No. 3:26-cv-1340-CAB-DDL (“Amezcua I”), Doc. No. 1

24 (“Petition”).] Before the Court ruled on the Petition, an immigration judge (“IJ”) granted

25 Petitioner voluntary return to Mexico by June 1, 2026 with release from detention within

26 five business days of the order and payment of a bond. [Id.] Instead of voluntarily

27 returning to Mexico, however, Petitioner appealed the IJ’s order to the Board of

28 Immigration Appeals (“BIA”). [Amezcua I, Doc. No. 14.]

l On May 20, 2026, Petitioner filed a second petition for a writ of habeas corpus

2 || pursuant to 28 U.S.C. § 2241, [Amezcua I, Doc. No. 15 (“Second Petition”).] The Court

3 denied his Second Petition because of his pending appeal with the BIA. [Amezcua I, Doc.

4 16.]

5 On June 18, 2026, Petitioner filed his Third Petition. A habeas petition is subject to

6 ||summary dismissal when it is repetitive or duplicative. See, e.g., Salas v. Att’y Gen., No.

7 2:23-cv-01118-TL-TLF, 2023 WL 5826738, at *2 (W.D. Wash. Aug. 21, 2023). Here, the

8 || Third Petition provides no new information or grounds for relief that were not raised in the

9 || two prior petitions before this Court. Therefore, the Court DISMISSES the Third Petition

10 ||and advises Petitioner that future petitions that do not demonstrate materially changed

11 circumstances, such as the resolution of his appeal to the BIA, will be similarly dismissed.

12 The Clerk of the Court shall close the case.

13 It is SO ORDERED.

14 Dated: June 26, 2026 €

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Hon. Cathy Ann Bencivengo

16 United States District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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