Middle District of Louisiana • 3:26-cv-00406

Mercurio v. U.S. Immigration and Customs Enforcement

Completed

Case Information

Filed: April 14, 2026
Assigned to: John Wheadon deGravelles
Referred to: Erin Wilder-Doomes
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: August 26, 2026
Last Activity: September 17, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 14, 2026
PETITION for Writ of Habeas Corpus, filed by Riccardo Mercurio. (Attachments: # 1 Memorandum in Support, # 2 Order to Show Cause)(EDC) (Entered: 04/16/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 14, 2026
MOTION to Proceed in forma pauperis by Riccardo Mercurio. (EDC) (Entered: 04/16/2026)
Main Document: Proceed In Forma Pauperis
Apr 16, 2026
MOTION(S) REFERRED: 2 MOTION to Proceed in forma pauperis. This motion is now pending before the USMJ., ***Set CASE REFERRED Flag (PPS), ***Set ICE Flag (EDC)
#3
Apr 22, 2026
ORDER : The 2 Motion to Proceed in forma pauperis is GRANTED. Petitioner is authorized to proceed in this case without prepayment of costs or fees and without the necessity of giving security therefor. Signed by Magistrate Judge Erin Wilder-Doomes on 04/21/2026. (ELW) (Entered: 04/22/2026)
Main Document: Order on Motion to Proceed In Forma Pauperis
#4
Apr 22, 2026
STANDING ORDER: Pursuant to the Court's General Order 2026-11 the Clerk of Court shall file this Standing Order in CM/ECF in every habeas corpus case brought pursuant 28 U.S.C. 2241 by a person in ICE detention. The Court has provisionally appointed the Federal Public Defender for the Middle District of Louisiana to assist pro se filers detained in immigration custody in this District of habeas corpus petitions filed under 28 U.S.C. 2241. See General Order 2026-11. The scheduling order contained herein shall apply except when a case-specific scheduling order is or has already been entered. The Government and all respondents be and are hereby prohibited from transferring the petitioner from the detention facility in which the petitioner is held at the time of filing and prohibited from removing the petitioner from the Middle District of Louisiana, during the response and briefing delays set forth in the Scheduling Order herein. The Government and the respondents shall provide counsel for the petitioner 24 hours advance written notice before releasing the petitioner from ICE custody. Signed by Chief Judge Shelly D. Dick on 04/22/2026. (Litchfield, Michael) (Entered: 04/22/2026)
Main Document: Standing Order - ICE
#5
Apr 23, 2026
Notice of Provisional Appointment: Pursuant to General Order 2026-11 the Federal Public Defender for the Middle District of Louisiana is hereby provisionally appointed to represent the pro se petitioner pending the determination of the petitioner's financial need and the petitioner's consent to or request for representation by the FPD. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB) (Entered: 04/23/2026)
#6
Apr 29, 2026
NOTICE of Appearance by Katherine Krupa Green on behalf of Todd Blanche, U.S. Immigration and Customs Enforcement (Green, Katherine) (Entered: 04/29/2026)
Main Document: NOTICE
#7
Apr 29, 2026
Certificate of Interested Persons by Todd Blanche, U.S. Immigration and Customs Enforcement identifying Corporate Parent U.S. Department of Homeland Security, Corporate Parent U.S. Immigration and Customs Enforcement, Corporate Parent U.S. Attorney's Office for the Middle District of Louisiana, Corporate Parent Federal Public Defender's Office, Affiliate/Interested Person Riccardo Mercurio, Affiliate/Interested Person K. Jordan, Warden, Camp 57, Angola, LA for Todd Blanche, U.S. Immigration and Customs Enforcement. (Green, Katherine) (Entered: 04/29/2026)
Main Document: Certificate
#8
Apr 30, 2026
AMENDED STANDING ORDER: Pursuant to the Court's General Order 2026-11, the Clerk of Court shall file this Amended Standing Order in CM/ECF in every habeas corpus case brought pursuant to 28 U.S.C. 2241 by a person in ICE detention.. Signed by Chief Judge Shelly D. Dick on 04/30/2026. (Litchfield, Michael) (Entered: 04/30/2026)
Main Document: Amended Standing Order - ICE
#9
May 15, 2026
MOTION for Extension of Time to File Response and A-File by Todd Blanche, U.S. Immigration and Customs Enforcement (Green, Katherine) (Entered: 05/15/2026)
Main Document: Extension of Time
#10
May 15, 2026
ORDER granting the 9 Federal Respondent's Motion for Extension of Time to File Response and A-File, which seeks a two (2) week extension of time to respond to Petitioner Riccardo Mercurio's habeas petition and to file Petitioner's alien registration file ("A-File"). Further briefing is not necessary given the limited nature of the request. The government shall respond to Petitioner's habeas petition and file the A-File into the record of this case by no later than May 29, 2026. Signed by Magistrate Judge Erin Wilder-Doomes on 05/15/2026. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD) (Entered: 05/15/2026)
May 15, 2026
Order on Motion for Extension of Time
#11
May 29, 2026
Second MOTION for Extension of Time to File Response and A-File by Todd Blanche, U.S. Immigration and Customs Enforcement (Green, Katherine) (Entered: 05/29/2026)
Main Document: Extension of Time
#12
Jun 05, 2026
ORDER granting for good cause the 11 Federal Respondents' Motion for Extension of Time to File Response and A-File. On May 15, 2026, the Court granted Federal Respondent's first request for an extension of time until May 29, 2026 to file a response to Petitioner Ricarrdo Mercurio's Petition for Writ of Habeas Corpus Under 28 U.S.C. 2241 (the "Petition"), through which Petitioner claims that he has been unlawfully detained. The Petition was filed on or about April 8, 2026 and more than a month has passed since the U.S. Attorney's Office filed its 6 Notice of Appearance on behalf of the Federal Respondents on April 29, 2026. However, the Motion represents that counsel for the Federal Respondents' had an emergent medical condition that required an absence from work and that more time is necessary to review the A-File and prepare a response to the Petition. Accordingly, the Federal Respondents will be granted an additional extension of time until June 12, 2026 to file Petitioner's alien registration file into the record and to respond to the Petition. Signed by Magistrate Judge Erin Wilder-Doomes on 06/05/2026. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD) (Entered: 06/05/2026)
Jun 05, 2026
Order on Motion for Extension of Time
#13
Jun 12, 2026
NOTICE of Filing Petitioner's Redacted A-File by Todd Blanche, U.S. Immigration and Customs Enforcement (Attachments: # 1 Part 1 Redacted A-File, # 2 Part 2 Redacted A-File, # 3 Part 3 Redacted A-File, # 4 Part 4 Redacted A-File)(Green, Katherine) (Entered: 06/12/2026)
Main Document: NOTICE
#14
Jun 12, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus filed by Todd Blanche, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A Declaration SDDO Stephen Allport)(Green, Katherine) (Entered: 06/12/2026)
Main Document: Response
#15
Jun 18, 2026
MOTION to Appoint Counsel by Federal Public Defender for the Middle District of Louisiana (Attachments: # 1 Proposed Order)(Gibbens, Cristie) (Entered: 06/18/2026)
Main Document: Appoint Counsel
#16
Jun 18, 2026
ORDER granting 15 Motion to Appoint and Enroll CJA Counsel. Appointed David Rozas for Riccardo Mercurio. Signed by Magistrate Judge Erin Wilder-Doomes on 6/18/2026. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 06/18/2026)
Jun 18, 2026
Order on Motion to Appoint Counsel
#17
Jul 06, 2026
RESPONSE to 14 Response to 1 Petition for Writ of Habeas Corpus filed by Riccardo Mercurio. (Rozas, David) Modified on 7/7/2026 to edit text. (EDC). (Entered: 07/06/2026)
Main Document: Response
#18
Aug 14, 2026
Unopposed MOTION to Expedite, MOTION for Partial Relief from Amended Standing Order by Todd Blanche, U.S. Immigration and Customs Enforcement (Attachments: # 1 Memorandum in Support, # 2 Exhibit A Travel Document Redacted)(Green, Katherine) (Entered: 08/14/2026)
Main Document: Expedite AND Miscellaneous Relief (First)
#19
Aug 17, 2026
ORDER granting the 18 Federal Respondent's Unopposed Expedited Motion for Partial Relief from Amended Standing Order, which requests temporary dissolution of the stay on Petitioner Riccardo Mercurio's removal from this district for the limited purpose of effectuating his removal to Italy. According to the Motion, the government has secured travel documents to effectuate Petitioner's removal and there is a possible removal flight on August 22, 2026. Accordingly, IT IS ORDERED that the Court's Amended Standing Order, restricting Petitioner's removal from this district, is temporarily lifted through August 22, 2026 for the limited purpose of allowing Federal Respondent to effectuate Petitioner's removal to Italy. IT IS FURTHER ORDERED that, if Petitioner's removal to Italy is not effectuated by August 22, 2026, the provision of the Court's Amended Standing Order staying Petitioner's removal from this district will go back into effect on August 23, 2026. IT IS FURTHER ORDERED that by no later than August 28, 2026, the parties shall file a motion to dismiss, if no issues remain in the case, or joint status report explaining any remaining issues. Signed by Magistrate Judge Erin Wilder-Doomes on 8/17/2026. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 08/17/2026)
Aug 17, 2026
Order on Motion for Miscellaneous Relief AND Order on Motion to Expedite
#20
Aug 25, 2026
Joint MOTION to Dismiss by Todd Blanche, U.S. Immigration and Customs Enforcement (Attachments: # 1 Exhibit A VWP Departure Verification Mercurio)(Green, Katherine) (Entered: 08/25/2026)
Main Document: Dismiss
#21
Aug 26, 2026
ORDER : The 20 Motion to Dismiss is GRANTED and Petitioners Habeas Petition is hereby DISMISSED. Signed by Judge John W. deGravelles on 08/26/2026. (ELW) (Entered: 08/26/2026)
Main Document: Order on Motion to Dismiss
#22
Aug 31, 2026
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (ELW) (Entered: 08/31/2026)
Main Document: Notice to Counsel - General Order 2019-04
Sep 17, 2026
CJA 20 - Authorization to Pay

Parties

Mercurio
Party
U.S. Immigration and Customs Enforcement
Party