Huabin Chu v. D.H.S. et al. — Immigration Detainee Habeas Corpus
Summary
Pro se immigration detainee Huabin Chu filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 challenging the legality of his continued detention at Winn Correctional Center in Winnfield, Louisiana. The court, citing Zadvydas v. Davis, 533 U.S. 678 (2001), noted that detention beyond the 90-day removal period under 8 U.S.C. § 1231 is permissible up to six months as presumptively reasonable, and beyond six months requires the government to rebut evidence that removal is unlikely. The court found Chu's petition deficient because it lacks information about his nationality, citizenship, removal country, and any reasons why removal is unlikely. The court ordered Chu to amend the petition within 30 days with supporting documentation.
“After six months, if an alien provides good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future, the government must respond with evidence sufficient to rebut that showing.”
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What changed
The court ordered the pro se petitioner Huabin Chu to amend his 28 U.S.C. § 2241 habeas petition within 30 days, finding the pleading deficient for failing to allege facts regarding nationality, citizenship, the country of removal, and whether removal is likely in the reasonably foreseeable future. The court cited the governing legal framework from Zadvydas v. Davis (detention beyond six months presumptively unreasonable absent government rebuttal) and Johnson v. Guzman Chavez (removal period under 8 U.S.C. § 1231). This is a procedural order, not a merits determination — the petition is not granted or denied on this filing. Affected immigration detainees and their counsel should ensure that habeas petitions under § 2241 include specific factual allegations addressing the Zadvydas reasonableness inquiry, particularly any barriers to removal and the length of detention.
What to do next
- Amend the Petition as instructed within 30 days
Archived snapshot
Apr 25, 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
Huabin Chu v. D H S et al.
District Court, W.D. Louisiana
- Citations: None known
- Docket Number: 1:26-cv-00049
Precedential Status: Unknown Status
Trial Court Document
a
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION
HUABIN CHU #A226-149-569, CIVIL DOCKET NO. 1:26-CV-00049
Petitioner SEC P
VERSUS JUDGE ROBERT R. SUMMERHAYS
D H S ET AL, MAGISTRATE JUDGE PEREZ-MONTES
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 Huabin Chu (“Chu”), an immigration
detainee at Winn Correctional Center in Winnfield, Louisiana. Chu challenges the
legality of his continued detention.
Because additional information is necessary to evaluate Chu’s claim, he must
AMEND the Petition.
I. Background
Chu provides no information regarding his nationality and citizenship.
According to the Executive Office for Immigration Review, he was ordered removed
to an unspecified country on June 6, 2025.1 Chu asserts that the length of his
detention has become unlawful under , 533 U.S. 678, 701 (2001).
1 https://acis.eoir.justice.gov/en/caseInformation
II. Law and Analysis
Once an alien is ordered removed, the Government must physically remove
him from the United States within a 90-day “removal period.” 8 U.S.C. §
1231 (a)(1)(A); , 594 U.S. 523, 528 (2021). The
removal period begins on the latest of three dates: (1) the date the order of removal
becomes “administratively final”; (2) the date of the final order of any court that
entered a stay of removal; or (3) the date on which the alien is released from non-
immigration detention or confinement. 8 U. S. C. § 1231 (a)(1)(B).
However, the United States Supreme Court has held that § 1231 permits
detention beyond 90 days, for a period reasonably necessary to bring about that
alien’s removal. , 533 U.S. 678, 701 (2001). Detention for up to
six months is presumptively reasonable.
After six months, if an alien provides good reason to believe that there is no
significant likelihood of removal in the reasonably foreseeable future, the government
must respond with evidence sufficient to rebut that showing. A petitioner is not
required to “show the absence of prospect of removal—no matter how unlikely or
unforeseeable,” only that that he has “good reason to believe that there is no
significant likelihood of removal in the reasonably foreseeable future.” , 533
U.S. at 701-702.
Chu does not allege any reasons why his removal is unlikely to occur in the
reasonably foreseeable future. Accordingly, he must amend the Petition to provide
information regarding his nationality and citizenship; the country to which he was
ordered removed; and any reasons why he believes his removal is not substantially
likely to occur in the reasonably foreseeable future. Chu should also provide copies
of his removal order, and any other documents to support his Petition.
Ill. Conclusion
Because additional information is needed to evaluate the Petition, IT IS
ORDERED that Chu AMEND the Petition as instructed within 30 days.
SIGNED on Thursday, April 2, 2026.
Ht
JOSEPH H.L. PEREZ-MONTES
UNITED STATES MAGISTRATE JUDGE
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