Carlos Alberto Rodelo Echavez v. Todd M. Lyons, et al.
Trial Court Opinion
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION CARLOS ALBERTO RODELO ECHAVEZ CIVIL ACTION NO. 25-1282 SECTION P VS. JUDGE JERRY EDWARDS, JR. TODD M. LYONS, ET AL. MAG. JUDGE KAYLA D. MCCLUSKY
JUDGMENT Before the Court is the Report and Recommendation of the Magistrate Judge (Doc. 39), the written objections thereto filed by Petitioner (Doc. 40), and the response to the objections filed by Respondents (Doc. 41). The Court has completed a de novo review of the record and finds that judgment as recommended by the Magistrate Judge is warranted.
The Court recognizes that a noncitizen’s claim under Zadvydas may be asserted before the petitioner has been detained longer than six months. See Gomez-Simeon v. Bondi, 2025 WL 3470872, *3-4 (W.D. Tex. Nov. 24, 2025). However, the six-month period of detention is presumptively reasonable. Zadvydas v. Davis, 553 U.S. 678, 701 (2001). Here, Petitioner has failed to provide “good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future” as required to rebut the presumption. Id. Accordingly, IT IS ORDERED, ADJUDGED, AND DECREED that Petitioner Carlos Alberto Rodelo Echavez’s request to stay his removal from the United States of America is DENIED.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Petitioner’s procedural due process claim is DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Petitioner’s claim under Zadvydas v. Davis is DISMISSED WITHOUT PREJUDICE to his right to re-file the claim should his confinement become unconstitutional.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Petitioner’s claim that his civil detention is punitive is DENIED AND DISMISSED WITH PREJUDICE.
ALEXANDRIA, LOUISIANA, this Sth day of February, 2026.
JERRYEDWARDS,JR. st UNITED STATES DISTRICT JUDGE
Case-law data current through December 31, 2025. Source: CourtListener bulk data.