Shafiqa Bahram v. Brian Acuna et al.

District Court, W.D. Louisiana·Decided July 21, 2026·No. 6:26-cv-02663·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

SHAFIQA BAHRAM CIVIL ACTION

VERSUS No. 26-1302

BRIAN ACUNA ET AL. SECTION I

ORDER AND REASONS Before the Court is a motion1 for a temporary restraining order (“TRO”) and preliminary injunction filed by plaintiff Shafiqa Bahram (“Bahram”). Because the Court concludes that the United States District Court for the Eastern District of Louisiana is an improper venue for some of her claims and an inconvenient venue for her remaining claim, the Court sua sponte transfers this case to the United States District Court for the Western District of Louisiana. I. FACTUAL BACKGROUND Bahram is a citizen of Afghanistan who has been detained by United States Immigration and Customs Enforcement (“ICE”) in the South Louisiana ICE Processing Center (“SLIPC”) pending asylum proceedings.2 She brings three claims against defendants Brian Acuna, Director of the New Orleans Field Office of ICE, in his official capacity; Scott Ladwig, Deputy Director of the New Orleans Field Office of ICE, in his official capacity; David J. Venturella, acting Director of ICE, in his official capacity; Markwayne Mullin, Secretary of the United States Department of

1 R. Doc. No. 6. 2 R. Doc. No. 2 ¶¶ 1–2, 12. 1 Homeland Security, in his official capacity; the United States Department of Homeland Security; and ICE (collectively, “the government”). First, she alleges that her detention in SLIPC violates Section 504 of the

Rehabilitation Act, 29 U.S.C. § 794, because it constitutes disability discrimination.3 Bahram argues that the Rehabilitation Act requires the government to reasonably accommodate her disabilities by placing her on supervised release.4 Second, she alleges that the conditions of her confinement in SLIPC violate the Due Process Clause of the Fifth Amendment to the United States Constitution because they are unconstitutionally punitive.5 Third, she alleges that the government’s denials of her

parole requests violate Section 706 of the Administrative Procedure Act (“APA”), 5 U.S.C. § 706, because it did not apply the parole criteria to Bahram’s individual circumstances and it did not adequately explain its decision.6 Bahram asks the Court to declare that the government’s refusal to parole her violates the Rehabilitation Act, the Fifth Amendment, and the APA; to issue a preliminary and permanent injunction ordering her release “under appropriate conditions of noncustodial supervision”; or, in the alternative, to issue a temporary

injunction ordering her release until the government makes “a new written, individualized, and reasoned parole determination” within seven days.7

3 Id. ¶¶ 67–72. 4 Id. ¶¶ 40, 45, 54. 5 Id. ¶¶ 73–77. 6 Id. ¶¶ 78–85. 7 Id. at 37–39. 2 II. LEGAL STANDARD A. Petitions for a Writ of Habeas Corpus “[A] habeas petition ‘is the proper vehicle to seek release from custody.’” Melot

v. Bergami, 970 F.3d 596, 599 (5th Cir. 2020) (quoting Carson v. Johnson, 112 F.3d 818, 820 (5th Cir. 1997)). This proposition applies with equal force to immigration detainees. See Trump v. J. G. G., 604 U.S. 670, 671–72 (2025) (per curiam) (holding that “Venezuelan nationals believed to be members of Tren de Aragua” seeking “equitable relief against their removal under the [Alien Enemies Act]” could only do so in a habeas proceeding).

If a “claim[] fall[s] within the ‘core’ of the writ of habeas corpus,” it “must be brought in habeas.” Id. at 672. A claim is within this “core” if it “seeks ‘immediate or speedier release’ from prison.” Nance v. Ward, 597 U.S. 159, 167 (2022) (quotingHeck v. Humphrey, 512 U.S. 477, 481 (1994)). “Release from physical confinement in prison constitutes release from custody for habeas purposes, even though the state retains a level of control over the releasee.” Poree v. Collins, 866 F.3d 235, 244 (5th Cir. 2017) (alterations omitted) (quoting Coleman v. Dretke, 409 F.3d 665, 669 (5th Cir. 2005)).

This includes, for example, parole and conditional release. See Cook v. Texas Dep’t of Crim. Just. Transitional Plan. Dep’t, 37 F.3d 166, 168 (5th Cir. 1994) (parole); Preiser v. Rodriguez, 411 U.S. 475, 487 (1973) (conditional release). “For ‘core habeas petitions,’ ‘jurisdiction lies in only one district: the district of confinement.’” J. G. G., 604 U.S. at 672 (quoting Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004)).

3 B. Venue Transfer If a case has been filed in a proper venue, a district court may only transfer it under two conditions. First, the case can only be transferred to a venue in which it

“might have been brought.” In re Planned Parenthood Fed’n of Am., Inc., 52 F.4th 625, 630 (5th Cir. 2022) (quoting 28 U.S.C. § 1404(a)). Second, the destination venue must be “clearly more convenient than the venue chosen by the plaintiff.” Id. at 629 (quoting In re Volkswagen of Am., Inc., 545 F.3d 304, 315 (5th Cir. 2008) (en banc)). This determination “is committed to the district court’s discretion.” Id. In the Fifth Circuit, courts weigh the factors from Gulf Oil Corp. v. Gilbert, 330

U.S. 501 (1947), to determine if a venue is clearly more convenient. Planned Parenthood, 52 F.4th at 630. These consist of four “private interest factors” and four “public interest factors”: The private interest factors are: (1) the relative ease of access to sources of proof; (2) the availability of compulsory process to secure the attendance of witnesses; (3) the cost of attendance for willing witnesses; and (4) all other practical problems that make trial of a case easy, expeditious and inexpensive. The public interest factors are: (1) the administrative difficulties flowing from court congestion; (2) the local interest in having localized interests decided at home; (3) the familiarity of the forum with the law that will govern the case; and (4) the avoidance of unnecessary problems of conflict of laws or in the application of foreign law. Id. (alterations omitted) (quoting Volkswagen, 545 F.3d at 315). The factors “are not necessarily exhaustive or exclusive” and none “can be said to be of dispositive weight.” Id. (quoting Volkswagen, 545 F.3d at 315). Transfer is only justified if “the marginal 4 gain in convenience will be significant” and “those marginal gains will actually materialize in the transferee venue.” In re Clarke, 94 F.4th 502, 508 (5th Cir. 2024). III. ANALYSIS

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