Western District of Louisiana • 1:26-cv-04184

Lopez Mendez v. Wesling

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Case Information

Filed: October 09, 2026
Assigned to: S. Maurice Hicks Jr.
Referred to: Mark L. Hornsby
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: November 05, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 26, 2026
First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11985793 Fee status: Filing Fee paid., filed by Ulises Lopez Mendez. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit NTA, # 4 Exhibit ECAS Page Showing Pending Appeal, # 5 Exhibit Docket Summary, # 6 Exhibit ICE Detainee Locator Page, # 7 Exhibit Emails to ICE, # 8 Exhibit G-28 on File with ICE)(Hamilton, Philip) (Attachment 1 and 2 replaced on 8/26/2026, with corrected PDFs). (FGD) [Transferred from Massachusetts on 10/9/2026.] (Entered: 08/26/2026)
Main Document: First
#2
Aug 26, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (MAC) [Transferred from Massachusetts on 10/9/2026.] (Entered: 08/26/2026)
#3
Aug 26, 2026
Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) [Transferred from Massachusetts on 10/9/2026.] (Entered: 08/26/2026)
Main Document: Judge
#4
Aug 26, 2026
Copy re 3 Order, 1 Petition for Writ of Habeas Corpus (2241),, mailed to David Wesling, Todd Lyons, Markwayne Mullin, Todd Blanche on 8/26/2026. (JAM) [Transferred from Massachusetts on 10/9/2026.] (Entered: 08/26/2026)
#5
Aug 26, 2026
General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (JAM) [Transferred from Massachusetts on 10/9/2026.] (Entered: 08/26/2026)
Main Document: General
#6
Sep 01, 2026
NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Todd Lyons, Markwayne Mullin, David Wesling (McMahon, Erica) [Transferred from Massachusetts on 10/9/2026.] (Entered: 09/01/2026)
Main Document: NOTICE
#7
Sep 02, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241),, by Todd Blanche, Todd Lyons, Markwayne Mullin, David Wesling. (Attachments: # 1 Exhibit 1)(McMahon, Erica) [Transferred from Massachusetts on 10/9/2026.] (Entered: 09/02/2026)
Main Document: RESPONSE/ANSWER
#8
Sep 03, 2026
First MOTION for Leave to File Reply by Ulises Lopez Mendez.(Hamilton, Philip) [Transferred from Massachusetts on 10/9/2026.] (Entered: 09/03/2026)
Main Document: First
#9
Sep 04, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 8 Motion for Leave to File Reply to Respondents opposition no later than Wednesday September 9, 2026. (JAM) [Transferred from Massachusetts on 10/9/2026.] (Entered: 09/04/2026)
#10
Sep 08, 2026
First Response by Ulises Lopez Mendez to Opposition to Petition. (Attachments: # 1 Exhibit G-28)(Hamilton, Philip) [Transferred from Massachusetts on 10/9/2026.] (Entered: 09/08/2026)
Main Document: First
#11
Oct 07, 2026
First MOTION to Expedite Ruling on Petition for a Writ of Habeas Corpus by Ulises Lopez Mendez.(Hamilton, Philip) [Transferred from Massachusetts on 10/9/2026.] (Entered: 10/07/2026)
Main Document: First
#12
Oct 09, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 11 Motion to Expedite by acting on the motion but finding that the court is without jurisdiction. The Clerk will transfer the case to the Western District of Louisiana where Petitioner is now confined. While this case raises a difficult question of jurisdiction that has very little discussion in precedential law, the law is settled for habeas purposes that a federal detainee is subject to the one custodian rule, that is, he or she is in the exclusive custody of the person designated as his or her custodian in the district in which he or she is confined. See 28 USC S 2243; Rumsfeld v. Padilla, 542 U.S. 426 (2004). In the case of a detainee in transit to another district (possibly subject to a judicially created exception that does not plausibly apply), once the aircraft has departed the jurisdiction of the immediate custodian dissolves. By custom, the appropriate district in which a petition is to be filed is the district which is the final destination of the aircraft. While airborne, it could be argued as a technical matter that the proper custodian under international aviation law is the aircrafts commanding officer (the pilot), or, under Title 49 S 114 of the United States Code, the Secretary of Transportation, or more generally the Attorney General of the United States. As the technical answer, however it might be determined, is of no practical assistance to a lawyer seeking to file a petition or a judge attempting to determine his or her jurisdiction, my view is that customary practice provides the correct and most useful rule. Consequently, I find that Petitioner Ulises Lopez Mendez's custodian is the Warden of the Winn Correctional Facility in Winnfield, Louisiana in the Western District of Louisiana where he is now confined. This court therefore has no jurisdiction over the petition. The court directs the Clerk to transfer the case to the proper district (the Western District of Louisiana) where counsel presumably will amend the petition to name petitioner's current custodian. (MZ) [Transferred from Massachusetts on 10/9/2026.] (Entered: 10/09/2026)
#13
Oct 09, 2026
Case transferred to the Western District of Louisiana;. Original file certified copy of transfer order and docket sheet sent to Clerk in that district. (CEH) [Transferred from Massachusetts on 10/9/2026.] (Entered: 10/09/2026)
#14
Oct 09, 2026
DISTRICT CASE transferred in from District of Massachusetts; Case Number 1:26-cv-13922. Original file copy of transfer order and docket sheet received (Entered: 10/09/2026)
Main Document: District Transfer In
Oct 09, 2026
District Transfer Out (Form Included Only If Manual Attachment Exists)
Oct 09, 2026
Order on Motion to Expedite
#15
Oct 27, 2026
Notice of Standing Order 1.74
Main Document: Notice of Standing Order 1.74
#16
Oct 27, 2026
Proposed Order (Court User Only/Public Entry No NEF)
Main Document: Proposed Order (Court User Only/Public Entry No NEF)
Oct 27, 2026
Case Assigned/Reassigned
#17
Oct 29, 2026
Transfer Order
Main Document: Transfer Order
#18
Nov 02, 2026
Substitute Attorney
Main Document: Substitute Attorney
#19
Nov 05, 2026
Order on Motion to Substitute Attorney
Main Document: Order on Motion to Substitute Attorney

Parties

Lopez Mendez
Party
Wesling
Party