Mbemba v. Immigration & Customs Enforcement
Filing
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MEMORANDUM ORDER directing clerk to prepare summons and serve by certified mail a copy of the petition and this order upon the specified parties. Signed by Magistrate Judge Thomas P LeBlanc on 1/28/2025. (crt,Devillier, W)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION
CHRISTOPHE MBEMBA
CASE NO. 2:24-CV-1450 SEC P
VERSUS
US
IMMIGRATION
ENFORCEMENT
JUDGE JAMES D. CAIN, JR.
&
CUSTOMS
MAGISTRATE JUDGE LEBLANC
MEMORANDUM ORDER
Pro se plaintiff Christophe Mbemba, proceeding pro se and in forma pauperis, filed the
instant petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2241, on October 21, 2024.
Petitioner is an immigration detainee in the custody of the Department of Homeland Security /
U.S. Immigration and Customs Enforcement (“DHS/ICE”) and is incarcerated at the Allen Parish
Jail in Oberlin, LA. Petitioner alleges that his continued detention is unconstitutional under
Zadvydas v. Davis, 533 U.S. 678, 701 (2001) and requests immediate release from detention. This
matter has been referred to the undersigned for review, report, and recommendation in accordance
with the provisions of 28 U.S.C. § 636 and the standing orders of the Court.
Factual Background
Petitioner asserts that he was taken into immigration custody on June 16, 2023. Doc. 1, p.
4, ¶ 11. He received a final order of removal on June 29, 2023. Id. Petitioner alleges that he has
remained in ICE custody beyond the presumptively reasonable 6-month post-removal order period
set forth in Zadvydas v. Davis, 533 U.S. 678, 701 (2001), and seeks immediate release. See doc.
1.
To determine what action should be taken with respect to this petition,
THE CLERK IS DIRECTED to serve a summons, a copy of the petition (rec. doc. 1),
and a copy of this Order, by certified mail, on the United States through the United States Attorney
for the Western District of Louisiana, the United States Attorney General, U.S. Immigration and
Customs Enforcement (DHS/ICE)-Office of General Counsel, and the Warden of the Allen Parish
Jail.
IT IS ORDERED that Respondents file an answer to the petition within sixty (60) days
following the date of service. In the answer, Respondents shall provide the Court with summary
judgment evidence indicating whether there is a significant likelihood of removal in the
reasonably foreseeable future or whether Petitioner’s detention is otherwise lawful. This
evidence shall include information regarding the length of time that he has been in post-removalorder custody, the date on which his removal order became final, any administrative decisions
relating to Petitioner’s request for bond, and all documents relevant to the efforts made by the
immigration officials to obtain travel documents for Petitioner.
Respondents shall also file a memorandum of law briefing the issues raised in the answer
and citing applicable statutory and case law. The memorandum should also address whether there
is a significant likelihood of removing Petitioner from the United States in the reasonably
foreseeable future.
IT IS FURTHER ORDERED that Petitioner will be given thirty (30) days following the
filing of Respondents’ answer to produce contradictory summary judgment evidence1 on the issue
of the lawfulness of his detention.
Summary judgment evidence consists of affidavits or unsworn declarations made in accordance with 28 U.S.C. §
1746, deposition testimony, answers to interrogatories, admissions, and sworn or certified copies of all papers referred
to. All affidavits or unsworn declarations must comply with Rule 56(e). They shall be made on personal knowledge
and set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent
to testify to the matters stated therein.
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All documentary exhibits MUST BE APPROPRIATELY BOUND AND THE PAGES
MUST BE NUMBERED. An index describing each item attached to the response and showing
each item’s page number shall also be attached.
FINALLY, IT IS ORDERED that, as a condition to their acceptance by the Clerk, all
future filings by Petitioner and Respondents shall include a certificate stating that a copy thereof
has been mailed to all other parties.
After the record is complete and all 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.
THUS DONE AND SIGNED in chambers this 28th day of January, 2025.
_______________________________
THOMAS P. LEBLANC
UNITED STATES MAGISTRATE JUDGE
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