Moses Onyango Okoth v. Chief Counsel U S D H S - I C E et al.

W.D. Louisiana

Moses Onyango Okoth v. Chief Counsel U S D H S - I C E et al.

DecidedMay 4, 2026

Docket1:26-cv-01411

StatusUnknown

This text of Moses Onyango Okoth v. Chief Counsel U S D H S - I C E et al. (Moses Onyango Okoth v. Chief Counsel U S D H S - I C E 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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Moses Onyango Okoth v. Chief Counsel U S D H S - I C E et al., (W.D. La. 2026).

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Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

MOSES ONYANGO OKOTH #A087- CIVIL ACTION NO. 1:26-CV-01411 686-062 SEC P

VERSUS JUDGE EDWARDS

CHIEF COUNSEL U S D H S - I C E MAGISTRATE JUDGE CAROL B. ET AL WHITEHURST

MEMORANDUM ORDER Before the Court is a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. 1) filed by pro se Petitioner Moses Onyango Okoth ("Okoth"), an immigration detainee at Winn Correctional Center in Winnfield, Louisiana. Okoth seeks release from prolonged detention. A court may order a respondent to file an answer, motion, or other response, in its discretion. See generally 28 U.S.C. § 2243; Rule 4 of the Rules Governing § 2254 Cases; Danforth v. Minnesota, 552 U.S. 264, 278 (2008); Maniar v. Warden Pine Prairie Corr. Ctr., 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. See Hickey v. Adler, 2008 WL 835764, *2 (E.D. Cal. 2008); Castillo v. Pratt, 162 F. Supp. 2d 575, 577 (N.D. Tex. 2001); Wyant v. Edwards, 952 F. Supp. 348 (S.D. W.Va. 1997); see also Taylor v. Gusman, 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 Okoth is entitled to relief, THE CLERK IS DIRECTED to serve a summons, a copy of the Petition (Doc. 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 Okoth 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 detention. IT IS FURTHER ORDERED that Petitioner shall have seven days 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 at Lafayette, Louisiana on this 4th day of May, 2026.

‘CAROL B.WHITEHURST sits UNITED STATES MAGISTRATE JUDGE

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

MOSES ONYANGO OKOTH #A087- CIVIL ACTION NO. 1:26-CV-01411 686-062 SEC P

VERSUS JUDGE EDWARDS

CHIEF COUNSEL U S D H S - I C E MAGISTRATE JUDGE CAROL B. ET AL WHITEHURST

MEMORANDUM ORDER Before the Court is a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. 1) filed by pro se Petitioner Moses Onyango Okoth ("Okoth"), an immigration detainee at Winn Correctional Center in Winnfield, Louisiana. Okoth seeks release from prolonged detention. A court may order a respondent to file an answer, motion, or other response, in its discretion. See generally 28 U.S.C. § 2243; Rule 4 of the Rules Governing § 2254 Cases; Danforth v. Minnesota, 552 U.S. 264, 278 (2008); Maniar v. Warden Pine Prairie Corr. Ctr., 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. See Hickey v. Adler, 2008 WL 835764, *2 (E.D. Cal. 2008); Castillo v. Pratt, 162 F. Supp. 2d 575, 577 (N.D. Tex. 2001); Wyant v. Edwards, 952 F. Supp. 348 (S.D. W.Va. 1997); see also Taylor v. Gusman, 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 Okoth is entitled to relief, THE CLERK IS DIRECTED to serve a summons, a copy of the Petition (Doc. 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 Okoth 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 detention. IT IS FURTHER ORDERED that Petitioner shall have seven days 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 at Lafayette, Louisiana on this 4th day of May, 2026.

‘CAROL B.WHITEHURST sits UNITED STATES MAGISTRATE JUDGE

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