Nisar Ahmad Hamidi v. Immigration & Customs Enforcement

• Court: District Court, W.D. Louisiana
• Decided: May 5, 2026
• Docket: 6:26-cv-00702
• Status: Unknown

Opinion

a UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

NISAR AHMAD HAMIDI #A249-121- CIVI L DOCKET NO. 6:26-CV-00702 SEC P 529, Petitioner

VERSUS JUDGE S. MAURICE HICKS, JR.

IMMIGRATION & CUSTOMS MA GISTRATE 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 Nisar Ahmad Hamidi (“Hamidi”), an immigration detainee at the ICE Processing Center in Pine Prairie, Louisiana. Hamidi alleges that he has been in post-removal order detention since December 18, 2024, and there is no likelihood of his removal in the reasonably foreseeable future. ECF No. 1. 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. Accordingly, to determine whether Hamidi 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 Hamidi 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 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.

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”). SIGNED on Tuesday, May 5, 2026.

xf ~ oe JOSEPH H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE