Western District of Louisiana • 1:26-cv-02372

Naimi v. Garcia

Completed

Case Information

Filed: July 07, 2026
Assigned to: David C. Joseph
Referred to: Kayla D. McClusky
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: October 14, 2026
Last Activity: November 04, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 07, 2026
PETITION for Writ of Habeas Corpus filed by Abdul Aziz Naimi. (Attachments: # 1 Civil cover sheet, # 2 Exhibit, # 3 Cover letter, # 4 Envelope)(crt,Hunter, M) Modified on 7/9/2026 no filing fee or IFP (Kiper, C). Modified on 7/30/2026 filing fee paid on 7/24/2026 (Kiper, C). (Entered: 07/07/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 07, 2026
MOTION to Appoint Counsel by Abdul Aziz Naimi. Motion Ripe Deadline set for 7/7/2026. (Attachments: # 1 Envelope)(crt,Hunter, M) (Entered: 07/07/2026)
Main Document: Appoint Counsel
#3
Jul 07, 2026
NOTICE of Standing Order 1.73 regarding the provisional appointment of the Federal Public Defender. (crt,Kiper, C) (Entered: 07/09/2026)
Main Document: Notice of Standing Order 1.73
Jul 07, 2026
CASE Assigned to Judge David C Joseph and Magistrate Judge Kayla D McClusky. Motions referred to Magistrate Judge Kayla D McClusky. (crt,Kiper, C)
#4
Jul 09, 2026
NOTICE of Standing Order 1.74 regarding service and scheduling in immigration habeas cases. (crt,Kiper, C) (Entered: 07/09/2026)
Main Document: Notice of Standing Order 1.74
#5
Jul 09, 2026
PROPOSED MEMORANDUM ORDER Referred to Magistrate Judge Kayla D McClusky. Motion Ripe Deadline set for 7/9/2026. (crt,Kiper, C) (Entered: 07/09/2026)
Main Document: Proposed Order (Court User Only/Public Entry No NEF)
Jul 09, 2026
Case Assigned/Reassigned
#6
Jul 10, 2026
MEMORANDUM ORDER: Plaintiff failed to submit filing fee or a completed IFP application. ( Pro Se Deadline to comply with deficiency set for 8/10/2026). Signed by Magistrate Judge Kayla D McClusky on 7/10/2026. (Attachments: # 1 IFP Application)(crt,Crawford, A) (Entered: 07/10/2026)
Main Document: Sec P - Deficiency Order
Jul 24, 2026
FILING FEE RECEIVED: on behalf of Abdul Aziz Naimi in the amount of $5.00, receipt number 500005892. (crt,Hunter, M)
Jul 24, 2026
Filing Fee Received
#7
Aug 04, 2026
MEMORANDUM ORDER directing clerk to serve a copy of the petition and this Order on the federal respondents by email at the email address designated by the United States Attorney. The Clerk of Court is further directed to serve the warden of the facility where Petitioner is detained by first-class mail. Signed by Magistrate Judge Kayla D McClusky on 8/4/2026. (crt,Kiper, C) (Entered: 08/06/2026)
Main Document: Sec P - Service Order
#8
Aug 06, 2026
ELECTRONIC ORDER denying 2 Motion to Appoint Counsel. The Office of the Federal Public Defender has been provisionally appointed under the Court's standing order. If the FPD withdraws, then Petitioner may reurge the motion. Signed by Magistrate Judge Kayla D McClusky on 8/6/2026. (jud,McClusky, Kayla) (Entered: 08/06/2026)
Aug 06, 2026
Service of Petition on USA (Immigration Habeas)
Aug 06, 2026
SERVICE of the Petition for Writ of Habeas Corpus on the federal respondents through the United States Attorney's Office by the Court's electronic case management system pursuant to Standing Order 1.74. Service on the warden where the petitioner is detained sent by first-class mail. Federal respondents served on 8/6/2026, answer due 9/3/2026. (crt,Kiper, C)
Aug 06, 2026
Order on Motion to Appoint Counsel
#9
Aug 10, 2026
NOTICE of Appearance by Jennifer B Frederick on behalf of Secretary D H S, I C E New Orleans (Attorney Jennifer B Frederick added to party Secretary D H S(pty:dft), Attorney Jennifer B Frederick added to party I C E New Orleans(pty:dft)) (aty,Frederick, Jennifer) (Entered: 08/10/2026)
Main Document: Notice of Appearance
#10
Aug 14, 2026
NOTICE of Appearance by Andres Gomez on behalf of Abdul Aziz Naimi (Attorney Andres Gomez added to party Abdul Aziz Naimi(pty:pla)) (aty,Gomez, Andres) (Entered: 08/14/2026)
Main Document: Notice of Appearance
#11
Aug 17, 2026
MOTION for Discovery Order by Abdul Aziz Naimi. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 8/17/2026. (Attachments: # 1 Proposed order)(aty,Gomez, Andres) Modified docket text on 8/17/2026 (Devillier, W). (Entered: 08/17/2026)
Main Document: Discovery
#12
Aug 18, 2026
ELECTRONIC ORDER denying 11 Motion for Discovery. Petitioner has not established good cause under Rule 6 for the broad request to produce the complete A-File and other unspecified documents. Respondents shall nevertheless file with their response any portions of the administrative record or other evidence on which they rely. This Order does not preclude Petitioner from seeking narrowly tailored discovery later if the response reveals a specific factual dispute, and Petitioner demonstrates good cause for particular documents. Signed by Magistrate Judge Kayla D McClusky on 8/18/2026. (jud,McClusky, Kayla) (Entered: 08/18/2026)
Aug 18, 2026
Order on Motion for Discovery
#13
Sep 01, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus, by Secretary D H S, I C E New Orleans. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(aty,Frederick, Jennifer) (Entered: 09/01/2026)
Main Document: Response to Habeas Petition
#14
Sep 15, 2026
REPLY re 13 Response to Habeas Petition by Abdul Aziz Naimi . (Attachments: # 1 Exhibit A)(aty,Gomez, Andres) Modified on 9/16/2026 (Thomas, T). (Entered: 09/15/2026)
Main Document: Response/Reply (NOT Motions)
#15
Sep 22, 2026
REPORT AND RECOMMENDATIONS: IT IS RECOMMENDED that Petitioner's petition be GRANTED. Respondents, and the Warden of Winn Correctional Center, shall (A) immediately release Petitioner from custody without bond, under reasonable conditions of supervision if necessary, and (B) notify Petitioner's counsel of the exact location and time of his release no less than two hours before his release. If there is a detainer or other hold based on his prior conviction which prevents his release, then notice shall be filed immediately. IT IS FURTHER RECOMMENDED that Respondents shall, within 24 hours after Petitioner's release, file a status report confirming his release, absent a hold or other detainer. Objections to R&R due by 10/6/2026. Signed by Magistrate Judge Kayla D McClusky on 9/22/2026. (crt,Leday, A) (Entered: 09/22/2026)
Main Document: Report and Recommendations
#16
Oct 01, 2026
MOTION for Extension of Time to Reply to Response to Petition for Writ of Habeas Corpus by Abdul Aziz Naimi. Motions referred to Magistrate Judge Kayla D McClusky. Motion Ripe Deadline set for 10/1/2026. (Attachments: # 1 Envelope)(crt,Devillier, W) (Entered: 10/02/2026)
Main Document: Extension (Other)
#17
Oct 02, 2026
ELECTRONIC ORDER mooting 16 Motion for Extension. The Report and Recommendation recommending release has been issued. Signed by Magistrate Judge Kayla D McClusky on 10/2/2026. (jud,McClusky, Kayla) (Entered: 10/02/2026)
Oct 02, 2026
Order on Motion for Extension (Other)
#18
Oct 14, 2026
JUDGMENT adopting 15 Report and Recommendations. IT IS ORDERED, ADJUDGED, AND DECREED that Petitioner Abdul Aziz Naimi's ("Petitioner") Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 [Doc. 1] be GRANTED. Petitioner shall be RELEASED from detention as soon as practicable, not to exceed five (5) business days from today. The Government may take all necessary measures to stay apprised of Petitioner's location after his release. Signed by Judge David C Joseph on 10/13/2026. (crt,Casebonne, D) (Entered: 10/14/2026)
Main Document: Order on Report and Recommendations
#19
Oct 15, 2026
NOTICE of Appearance by Jack Chambless Foster on behalf of Secretary D H S, I C E New Orleans (Attorney Jack Chambless Foster added to party Secretary D H S(pty:dft), Attorney Jack Chambless Foster added to party I C E New Orleans(pty:dft)) (aty,Foster, Jack) (Entered: 10/15/2026)
Main Document: Notice of Appearance
#20
Oct 16, 2026
MOTION for Reconsideration re 18 Order on Report and Recommendations,, by Secretary D H S, I C E New Orleans. Motions referred to Kayla D McClusky. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(aty,Foster, Jack) (Entered: 10/16/2026)
Main Document: Reconsideration
#21
Oct 16, 2026
ORDER: IT IS HEREBY ORDERED that the Court's Judgment [Doc. 18] be STAYED until November 9, 2026. Federal Respondents shall notify the Court of the status of Petitioner's removal, if and when removal occurs. Signed by Judge David C Joseph on 10/16/2026. (crt,Casebonne, D) (Entered: 10/16/2026)
Main Document: Order on Motion for Reconsideration
#22
Nov 03, 2026
Stay
Main Document: Stay
#23
Nov 03, 2026
Proposed Order/Judgment
Main Document: Proposed Order/Judgment
Nov 03, 2026
Motions Transferred
#24
Nov 04, 2026
Order on Motion to Stay
Main Document: Order on Motion to Stay