Fatima Mohammed v. Warden Richwood Correctional Center
Summary
Magistrate Judge Joseph H.L. Perez-Montes issued a Memorandum Order setting briefing deadlines in pro se Petitioner Fatima Mohammed's 28 U.S.C. § 2241 habeas corpus petition. Respondents must file a response within 21 days of service with summary judgment evidence regarding the lawfulness of her immigration detention. Petitioner shall have 14 days thereafter to submit contradictory evidence, after which the Court will determine whether genuine issues of material fact exist, precluding summary judgment and requiring an evidentiary hearing.
“IT IS ORDERED that a Response be filed within 21 days following the date of service, with summary judgment evidence regarding the lawfulness of her detention.”
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What changed
Magistrate Judge Perez-Montes granted the Petition for Writ of Habeas Corpus and ordered respondents to file a response within 21 days with summary judgment evidence regarding the lawfulness of Mohammed's detention. Petitioner has 14 days after the response to submit contradictory evidence. The Court will then determine whether genuine issues of material fact exist, precluding summary judgment and potentially requiring an evidentiary hearing.\n\nThis scheduling order affects the U.S. Attorney for the Western District of Louisiana, the U.S. Attorney General, DHS/ICE Office of General Counsel, and the Warden of Richwood Correctional Center, who must coordinate a response to the immigration detention challenge within the specified deadlines.
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Apr 26, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 2, 2026 Get Citation Alerts Download PDF Add Note
Fatima Mohammed v. Warden Richwood Correctional Center, et al.
District Court, W.D. Louisiana
- Citations: None known
- Docket Number: 3:26-cv-00545
Precedential Status: Unknown Status
Trial Court Document
a
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
FATIMA MOHAMMED CIVIL DOCKET NO. 3:26-CV-00545
A249-140-633, SEC P
Petitioner
VERSUS JUDGE JERRY EDWARDS
WARDEN RICHWOOD MAGISTRATE JUDGE PEREZ-MONTES
CORRECTIONAL CENTER, ET AL.,
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 Fatima Mohammed (“Mohammed”), an
immigration detainee at Richwood Correctional Center in Monroe, Louisiana.
Mohammed 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
with seven days to reply 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);
, 20-CV-449, 2020 WL 1848073, at *1 (E.D. La. Apr. 13, 2020) (“District
Accordingly, to determine whether Mohammed 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 Mohammed is detained.
IT IS ORDERED that a Response be filed within 21 days following the date of
service, with summary judgment evidence regarding the lawfulness of her
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 her 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.
TH
JOSEPH H.L. PEREZ-MONTES
UNITED STATES MAGISTRATE JUDGE
on are therefore free to apply these rules to habeas petitions brought under 28 U.S.C. §
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