Simin Nicholas Shaw v. Judge S. Maurice Hicks, Jr., U.S. Immigration & Customs Enforcement, and Magistrate Judge Perez-Montes

Summary

The United States District Court for the Western District of Louisiana issued a memorandum order in Simin Nicholas Shaw’s petition for habeas corpus under 28 U.S.C. § 2241, seeking release from immigration detention. The court directed service of the petition and ordered the respondents to file a response with summary-judgment evidence within 21 days after service, followed by a 14-day period for the petitioner to submit contradictory evidence.

Holdings

1. The court may, in its discretion, order a respondent to file an answer, motion, or other response to a § 2241 habeas petition, and it exercised that discretion here by ordering respondents to respond.
2. The court established a 21-day deadline for respondents to file a response with summary-judgment evidence and a 14-day period for Shaw to submit contradictory summary-judgment evidence concerning the lawfulness of his detention.

Questions Presented

1. Whether the court should require respondents to answer a § 2241 habeas petition challenging immigration detention.
2. What briefing and summary-judgment procedure should govern the initial determination of whether Shaw is entitled to habeas relief.

Disposition

other