Mohammad Ali Khurami v. Judge Edwards et al.

Summary

The United States District Court for the Western District of Louisiana directs service of Mohammad Ali Khurami’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The order requires the respondents to file a response addressing the lawfulness of Khurami’s immigration detention within 21 days after service and allows Khurami 14 days to reply.

Holdings

1. The court may, in its discretion, order a respondent to file an answer, motion, or other response to a habeas petition.
2. The respondents must file a response within 21 days after service of the petition on the United States Attorney for the Western District of Louisiana, with summary-judgment evidence regarding the lawfulness of Khurami's detention; Khurami may reply within 14 days.

Questions Presented

1. Whether the court should require the respondents to answer a § 2241 petition challenging the lawfulness of immigration detention.
2. What briefing schedule and evidentiary procedure should govern the initial consideration of the detention challenge.

Disposition

other