Mohammad Ali Khurami v. E Garcia et al

a UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION MOHAMMAD ALI KHURAMI CIVI L DOCKET NO. 1:25-CV-01672 SEC P #A249-384-401, Petitioner VERSUS JUDGE EDWARDS E GARCIA ET AL, MA GISTRATE JUDGE PEREZ-MONTES Respondents

MEMORANDUM ORDER Before the Court is a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF Nos. 1, 5) filed by pro se Petitioner Mohammad Ali Khurami ("Khurami"), an immigration detainee at Winn Correctional Center in Winnfield, Louisiana.

Khurami 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 Khurami is entitled to relief, THE CLERK IS DIRECTED to serve a summons, a copy of the Petition (ECF Nos. 1, 5), 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 Khurami 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 to the Response.

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, April 27, 2026.

Ht JOSEPH H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE