Simin Nicholas Shaw v. U.S. Immigration & Customs Enforcement - Habeas Corpus
Summary
Pro se Petitioner Simin Nicholas Shaw, an immigration detainee at the South Louisiana ICE Processing Center in Basile, Louisiana, filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 seeking release from detention. The Court directed service on respondents including the U.S. Attorney for the Western District of Louisiana, the U.S. Attorney General, DHS/ICE Office of General Counsel, and the facility Warden. Respondents must file a response within 21 days of service with summary judgment evidence regarding the lawfulness of Shaw's detention.
“IT IS ORDERED that a Response be filed within 21 days following the date of service of the Petition on the United States Attorney for the Western District of Louisiana, with summary judgment evidence regarding the lawfulness of his detention.”
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What changed
Simin Nicholas Shaw filed a habeas corpus petition under 28 U.S.C. § 2241 challenging the lawfulness of his immigration detention at the South Louisiana ICE Processing Center. The Magistrate Judge ordered respondents to file a response within 21 days of service, with summary judgment evidence addressing the lawfulness of detention, and granted Shaw 14 days thereafter to submit contradictory evidence.
Immigration detainees and their counsel should note this procedural sequence: the Court will determine whether genuine issues of material fact exist precluding summary judgment. If no evidentiary hearing is required, a Report and Recommendation will issue without further notice. The case is assigned to Judge S. Maurice Hicks, Jr. with Magistrate Judge Joseph H.L. Perez-Montes presiding.
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April 2, 2026 Get Citation Alerts Download PDF Add Note
Simin Nicholas Shaw v. U S Immigration & Customs Enforcement
District Court, W.D. Louisiana
- Citations: None known
- Docket Number: 6:26-cv-00587
Precedential Status: Unknown Status
Trial Court Document
a
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
SIMIN NICHOLAS SHAW #A070-399- CIVIL DOCKET NO. 6:26-CV-00587
873, SEC P
Petitioner
VERSUS JUDGE S. MAURICE HICKS, JR.
U S IMMIGRATION & CUSTOMS MAGISTRATE JUDGE PEREZ-MONTES
ENFORCEMENT,
Respondents
MEMORANDUM ORDER
Before the Court is a Petition for Writ of Habeas Corpus under 28 U.S.C. §
2241 (ECF No. 1) filed by pro se Petitioner Simin Nicholas Shaw (“Shaw”), an
immigration detainee at the South Louisiana ICE Processing Center in Basile,
Louisiana. Shaw seeks release from detention.
A court may order a respondent to file an answer, motion, or other response,
in its discretion. 28 U.S.C. § 2243; Rule 4 of the Rules Governing §
2254 Cases; , 552 U.S. 264, 278 (2008);
, 6:18-CV-00544, 2018 WL 4869383, at *1 (W.D. La. 2018) (Hanna,
M.J.)1. And this Court has determined that a 21 day briefing schedule is reasonable
and appropriate in similar cases.
1 Under Rule 1(b), the Rules Governing § 2254 Cases also apply to § 2241 habeas cases.
, 2008 WL 835764, *2 (E.D. Cal. 2008); , 162 F. Supp. 2d 575,
577 (N.D. Tex. 2001); , 952 F. Supp. 348 (S.D. W.Va. 1997);
Accordingly, to determine whether Shaw is entitled to relief, THE CLERK IS
DIRECTED to serve a summons, a copy of the Petition (ECF No. 1), and a copy of this
Order, by certified mail, on: (1) the United States through the United States Attorney
for the Western District of Louisiana; (2) the United States Attorney General; (3)
DHS/ICE through its Office of General Counsel; and (4) the Warden where Shaw is
detained.
IT IS ORDERED that a Response be filed within 21 days following the date of
service of the Petition on the United States Attorney for the Western District of
Louisiana, with summary judgment evidence regarding the lawfulness of his
detention.
IT IS FURTHER ORDERED that Petitioner shall have 14 days following the
filing of Respondents’ answer to produce contradictory summary judgment evidence
on the issue of the lawfulness of his detention.
After the record is complete and delays have run, the Court will determine if
genuine issues of material fact exist, which preclude summary judgment and
necessitate an evidentiary hearing. If no hearing is necessary, a Report and
Recommendation will be issued without further notice.
SIGNED on Thursday, April 2, 2026.
fy
JOSEPH H.L. PEREZ-MONTES
UNITED STATES MAGISTRATE JUDGE
v. Gusman, 20-CV-449, 2020 WL 1848073, at *1 (E.D. La. Apr. 18, 2020) (“District courts are
therefore free to apply these rules to habeas petitions brought under 28 U.S.C. § 2241”).
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