Western District of Louisiana • 3:25-cv-01845
De Souza Braganca v. Tellez
Active
Case Information
Filed: November 21, 2025
Assigned to:
Terry Alvin Doughty
Referred to:
Kayla D. McClusky
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
June 08, 2026
Parties:
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Docket Entries
#1
Nov 21, 2025
PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number ALAWDC-6475802) filed by Marcos Vinicius De Souza Braganca. (Attachments: # 1 Civil cover sheet, # 2 Exhibit)(Attorney Nathalia Rocha Dickson added to party Marcos Vinicius De Souza Braganca(pty:pet))(aty,Dickson, Nathalia) (Entered: 11/21/2025)
Nov 21, 2025
CASE Assigned to Judge Terry A Doughty and Magistrate Judge Kayla D McClusky. (crt,Devillier, W)
#2
Nov 24, 2025
SUMMONS ISSUED as to U S Attorney, U S Attorney General, Heriberto Tellez, Mellissa Harper, Todd Lyons, Kristi Noem. (crt,Devillier, W) (Entered: 11/24/2025)
Main Document:
Summons Issued - USA (Form Included)
Nov 24, 2025
Case Assigned/Reassigned
Nov 24, 2025
Summons Issued - USA (Form Included)
#3
Dec 09, 2025
NOTICE of Appearance by Karen J King on behalf of Mellissa Harper, Todd Lyons, Kristi Noem (Attorney Karen J King added to party Mellissa Harper(pty:dft), Attorney Karen J King added to party Todd Lyons(pty:dft), Attorney Karen J King added to party Kristi Noem(pty:dft)) (aty,King, Karen) (Entered: 12/09/2025)
Main Document:
Notice of Appearance
#4
Dec 15, 2025
SUMMONS Returned Executed by Marcos Vinicius De Souza Braganca: U S Attorney served on 12/8/2025, answer due 2/6/2026; Mellissa Harper served on 12/8/2025, answer due 2/6/2026; Heriberto Tellez served on 12/8/2025, answer due 2/6/2026. ADMINISTRATIVE ENTRY to capture proper answer due dates. (crt,Devillier, W) Modified to assign document number on 12/15/2025 (Devillier, W). (Entered: 12/15/2025)
Main Document:
Summons Returned Executed
Dec 15, 2025
Summons Returned Executed as to USA
#5
Jan 06, 2026
ACKNOWLEDGMENT OF SERVICE filed by Marcos Vinicius De Souza Braganca. (aty,Dickson, Nathalia) (Entered: 01/06/2026)
Main Document:
Acknowledgment of Service
#6
Jan 06, 2026
ACKNOWLEDGMENT OF SERVICE filed by Marcos Vinicius De Souza Braganca as to Todd Lyons served on 12/19/2025, answer due 2/17/2026. (aty,Dickson, Nathalia) (Entered: 01/06/2026)
Main Document:
Acknowledgment of Service
#7
Jan 13, 2026
MOTION to Expedite by Marcos Vinicius De Souza Braganca. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/13/2026. (Attachments: # 1 Exhibit A, # 2 Proposed order)(aty,Dickson, Nathalia) (Entered: 01/13/2026)
Main Document:
Expedite
#8
Jan 20, 2026
MEMORANDUM ORDER granting in part and denying in part 7 Motion to Expedite. The Clerk of Court is DIRECTED to to serve a summons, a copy of the 1 Petition, [1-2] Exhibit, and a copy of this Memorandum Order by certified mail on all Respondents, the United States Attorney General, and the United States Attorney for the Western District of Louisiana. IT IS ORDERED that Respondents file a response within 14 days of service. Petitioner shall have 7 days to reply. Signed by Magistrate Judge Kayla D McClusky on 1/20/2026. (crt,Leday, A) (Entered: 01/20/2026)
#9
Jan 22, 2026
SUMMONS ISSUED as to Mellissa Harper, Todd Lyons, Kristi Noem, Heriberto Tellez. (Attachments: # 1 Proof of Certified Service)(crt,Leday, A) (Entered: 01/22/2026)
Main Document:
Summons Issued
#11
Feb 02, 2026
ACKNOWLEDGMENT OF SERVICE as to Warden Jackson Parish Correctional Center (no service date indicated). (crt,Kiper, C) (Entered: 02/03/2026)
Main Document:
Acknowledgment of Service
#10
Feb 03, 2026
MOTION for Extension of Time to File Answer re 1 Petition for Writ of Habeas Corpus, with consent sought but not yet obtained by Mellissa Harper, Todd Lyons, Kristi Noem. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 2/3/2026. (Attachments: # 1 Proposed order)(aty,King, Karen) (Entered: 02/03/2026)
Main Document:
Extension of Time to File Answer
#12
Feb 04, 2026
ELECTRONIC ORDER mooting 10 Motion for Extension of Time to Answer re 1 Petition for Writ of Habeas Corpus pursuant to the Government's notification. Signed by Magistrate Judge Kayla D McClusky on 2/4/2026. (jud,McClusky, Kayla) (Entered: 02/04/2026)
Feb 04, 2026
Order on Motion for Extension of Time to Answer
#13
Feb 05, 2026
ACKNOWLEDGMENT OF SERVICE as to U S Attorney served on 2/2/2026, answer due 2/16/2026. (crt,Kiper, C) (Entered: 02/05/2026)
Main Document:
Acknowledgment of Service
#14
Feb 27, 2026
MOTION for Default Judgment as to All Respondents by Marcos Vinicius De Souza Braganca. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 2/27/2026. (Attachments: # 1 Proposed order)(aty,Dickson, Nathalia) (Entered: 02/27/2026)
Main Document:
Default Judgment
#15
Feb 27, 2026
CLERK'S ENTRY OF DEFAULT as to Mellissa Harper, Todd Lyons, Kristi Noem, Heriberto Tellez. (crt,Kiper, C) (Entered: 02/27/2026)
Main Document:
Clerks Entry of Default (Form Included)
#16
Feb 27, 2026
NOTICE of Motion Setting regarding: 14 MOTION for Default Judgment as to All Respondents . Motions referred to Magistrate Judge Kayla D McClusky. Responses due by 3/20/2026 (crt,Kiper, C) (Entered: 02/27/2026)
Main Document:
Notice of Motion Setting
#17
Mar 20, 2026
MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Default Judgment as to All Respondents with consent sought but not yet obtained by Mellissa Harper, Todd Lyons, Kristi Noem. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 3/20/2026. (Attachments: # 1 Proposed order)(aty,King, Karen) (Entered: 03/20/2026)
Main Document:
Extension of Time to File Response/Reply to Motion
#18
Mar 23, 2026
MEMORANDUM in Opposition re 14 MOTION for Default Judgment as to All Respondents filed by Mellissa Harper, Todd Lyons, Kristi Noem. (Attachments: # 1 Exhibit 1- Memorandum Order Service)(aty,King, Karen) (Entered: 03/23/2026)
Main Document:
Memorandum in Opposition to Motion
#19
Mar 23, 2026
ACKNOWLEDGMENT OF SERVICE as to U S Attorney General. (crt,Miletello, A) (Entered: 03/24/2026)
Main Document:
Acknowledgment of Service
#20
Mar 24, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus, by Mellissa Harper, Todd Lyons, Kristi Noem. (Attachments: # 1 Exhibit 1- IJ Removal Order, # 2 Exhibit 2- USCIS Docket)(aty,King, Karen) (Entered: 03/24/2026)
Main Document:
Response to Habeas Petition
#21
Mar 25, 2026
ELECTRONIC ORDER granting 17 Motion for Extension of Time to File Response/Reply. The response that was filed on March 23, 2026, is deemed timely. Signed by Magistrate Judge Kayla D McClusky on 3/25/2026. (jud,McClusky, Kayla) (Entered: 03/25/2026)
Mar 25, 2026
Order on Motion for Extension of Time to File Response/Reply
#22
Apr 02, 2026
REPORT AND RECOMMENDATIONS: IT IS RECOMMENDED that Petitioner's 14 MOTION for Default Judgment be DENIED and that the Court SET ASIDE the Clerk of Court's entry of Default. Objections to R&R due by 4/16/2026. Signed by Magistrate Judge Kayla D McClusky on 4/2/2026. (crt,Leday, A)
#23
Apr 08, 2026
REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus, filed by Marcos Vinicius De Souza Braganca. IT IS RECOMMENDED that the Petition be Granted on the basis of Petitioner's procedural due process claim. It is further recommended that Respondents are enjoined and restrained from re-detaining Petitioner unless and until he receives pre-deprivation process. It is further recommended that Respondents file a status report confirming Petitioner's release within 24 hours after his release. Objections to R&R due by 4/22/2026. Signed by Magistrate Judge Kayla D McClusky on 4/8/2026. (crt,Crawford, A) (Entered: 04/08/2026)
Main Document:
Report and Recommendations
#24
Apr 17, 2026
JUDGMENT adopting 22 Report and Recommendation of the Magistrate Judge and denying 14 Motion Default Judgment and setting aside 15 Clerk's Entry of Default. Signed by Judge Terry A Doughty on 4/17/2026. (crt,Crawford, A)
#25
Apr 23, 2026
Objection to Report and Recommendations
Main Document:
Objection to Report and Recommendations
#26
May 04, 2026
Response/Reply in Opposition (NOT Motions)
Main Document:
Response/Reply in Opposition (NOT Motions)
#27
Jun 04, 2026
MEMORANDUM RULING re 23 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus, filed by Marcos Vinicius De Souza Braganca. Signed by Judge Terry A Doughty on 6/3/2026. (crt,Crawford, A)
#28
Jun 04, 2026
JUDGMENT declining to adopt 23 Report and Recommendation of the Magistrate Judge. It is Ordered that the 1 Petition for Writ of Habeas Corpus, filed by Marcos Vinicius De Souza Braganca is Granted. Respondents must release Petitioner from custody as soon as reasonably possible. Signed by Judge Terry A Doughty on 6/3/2026. (crt,Crawford, A)
#29
Jun 08, 2026
Notice (Other)
Main Document:
Notice (Other)
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