Daniela Garcia-Miranda v. Field Office Director et al.

W.D. Louisiana

Daniela Garcia-Miranda v. Field Office Director et al.

DecidedMay 18, 2026

Docket3:26-cv-01384

StatusUnknown

This text of Daniela Garcia-Miranda v. Field Office Director et al. (Daniela Garcia-Miranda v. Field Office Director et al.) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Daniela Garcia-Miranda v. Field Office Director et al., (W.D. La. 2026).

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a UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

DANIELA GARCIA-MIRANDA CIVIL DOCKET NO. 3:26-CV-01384 SEC P #A240-642-733, Petitioner

VERSUS JUDGE DAVID C. JOSEPH

FIELD OFFICE DIRECTOR 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 Daniela Garcia-Miranda ("Garcia- Miranda"), an immigration detainee at the Richwood Correctional Center in Monroe, Louisiana. Garcia-Miranda 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); , 20-CV-449, 2020 WL 1848073, at *1 (E.D. La. Apr. 13, 2020) (“District courts are therefore free to apply these rules to habeas petitions brought under 28 U.S.C. § 2241”). Accordingly, to determine whether Garcia-Miranda 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 by regular mail on (4) the Warden where Garcia-Miranda 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 her detention. IT IS FURTHER ORDERED that Petitioner shall have 7 days following the filing of Respondents’ answer to reply. 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 Monday, May 18, 2026. Hie JOSEPH H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE

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a UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

DANIELA GARCIA-MIRANDA CIVIL DOCKET NO. 3:26-CV-01384 SEC P #A240-642-733, Petitioner

VERSUS JUDGE DAVID C. JOSEPH

FIELD OFFICE DIRECTOR 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 Daniela Garcia-Miranda ("Garcia- Miranda"), an immigration detainee at the Richwood Correctional Center in Monroe, Louisiana. Garcia-Miranda 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); , 20-CV-449, 2020 WL 1848073, at *1 (E.D. La. Apr. 13, 2020) (“District courts are therefore free to apply these rules to habeas petitions brought under 28 U.S.C. § 2241”). Accordingly, to determine whether Garcia-Miranda 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 by regular mail on (4) the Warden where Garcia-Miranda 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 her detention. IT IS FURTHER ORDERED that Petitioner shall have 7 days following the filing of Respondents’ answer to reply. 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 Monday, May 18, 2026. Hie JOSEPH H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE

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