Mahmoud Al Mohammad v. Angel Wolf

Summary

The United States District Court for the Western District of Louisiana issues a memorandum order in Mahmoud Al Mohammad’s 28 U.S.C. § 2241 habeas case challenging his continued immigration detention. The Court directs service of the petitions and order on specified government entities and requires the government to respond within 21 days with evidence concerning the finality of Mohammad’s removal order, the likelihood of removal, travel-document efforts, and the lawfulness of detention. Mohammad is given seven days to submit contradictory evidence, after which the Court will determine whether an evidentiary hearing is necessary.

Holdings

1. The court exercised its discretion to require the respondents to file a response to the petition and amended petition.
2. Respondents must file a response within 21 days after service, supported by summary-judgment evidence addressing the finality of the removal order, the likelihood of removal in the reasonably foreseeable future, the lawfulness of detention, and efforts to obtain travel documents; Mohammad then has seven days to submit contradictory evidence.

Questions Presented

1. Whether the court should require the government to respond to Mohammad's § 2241 petition challenging his continued immigration detention.
2. What briefing schedule and evidentiary submissions are appropriate to determine whether Mohammad's detention is lawful and whether factual disputes require an evidentiary hearing.

Disposition

other