Western District of Louisiana • 1:26-cv-04345
Michel v. Winn Correctional Center
Active
Case Information
Filed: October 13, 2026
Assigned to:
—
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
November 07, 2026
Parties:
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Docket Entries
#1
Oct 09, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-18047037.), filed by HERVE J MICHEL. (Attachments: # 1 Petition for Writ of Habeas Corpus, # 2 Notice of Motion for Writ of Habeas Corpus and Immediate Release, # 3 Certification, # 4 Memorandum of Law, # 5 Exhibit A - EOIR Automated Case Information, # 6 Exhibit B - Notice of In-Person Hearing, # 7 Exhibit C - Notice to Appear and Warrant for Arrest of Alien, # 8 Exhibit D - Warrant for Arrest of Alien (2016), # 9 Exhibit E - Notice of Custody Determination, # 10 Exhibit F - Form I-918 Supplement B, # 11 Exhibit G - Form I-797C Notice of Action, # 12 Exhibit H - ACS Inquiry, # 13 Exhibit I - Declaration of Marie Michel, # 14 Exhibit J - EOIR Bond Case Information, # 15 Exhibit K - Municipal Complaint Record (2016), # 16 Exhibit L - Superior Court Criminal Case Record (2015), # 17 Proposed Order, # 18 Certificate of Service)(OMOJOLA, ADEREMILEKUN) [Transferred from New Jersey on 10/19/2026.] Modified text on 10/19/2026. (Alexander, E) (Entered: 10/09/2026)
Main Document:
PETITION
#2
Oct 09, 2026
ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Brian R. Martinotti on 10/9/26. (jbb) [Transferred from New Jersey on 10/19/2026.] (Entered: 10/09/2026)
Main Document:
ORDER.
#3
Oct 09, 2026
MOTION for Temporary Restraining Order by HERVE J MICHEL. (Attachments: # 1 Certification Certification in Support of Emergency Motion for Temporary Restraing Order, # 2 Memorandum Memorandum of Law in Support of Emergency Temporary Restraining Order, # 3 Exhibit Exhibit A - EOIR Automated Case Information - Herve Johnny Michel, # 4 Exhibit Exhibit B - Notice of In-Person Hearing - Herve Johnny Michel, # 5 Exhibit Exhibit C - Form I-918 Supplement B - Herve Johnny Michel, # 6 Exhibit Exhibit D - Form I-797C Notice of Action - Herve Johnny Michel, # 7 Exhibit Exhibit E - ACS Inquiry - Herve Johnny Michel, # 8 Exhibit Exhibit F - EOIR Bond Case Information - Herve Johnny Michel, # 9 Text of Proposed Order 26.10.9 - Proposed TRO and OSC for Preliminary Injunction - Herve Johnny Michel, # 10 Certification 26.10.9 - Certificate of Service (TRO Papers) - Herve Johnny Michel)(OMOJOLA, ADEREMILEKUN) [Transferred from New Jersey on 10/19/2026.] (Entered: 10/09/2026)
Main Document:
MOTION
#4
Oct 09, 2026
Exhibit to QC - Civil Cover Sheet JS44,, 1 Petition for Writ of Habeas Corpus,,,,,, by HERVE J MICHEL. (OMOJOLA, ADEREMILEKUN) [Transferred from New Jersey on 10/19/2026.] (Entered: 10/09/2026)
Main Document:
Exhibit
#5
Oct 09, 2026
Letter from Respondents Regarding Petitioner's Location and the Court's Jurisdiction. (Attachments: # 1 Exhibit A - Form I-830)(HERIC, JACOB) [Transferred from New Jersey on 10/19/2026.] (Entered: 10/09/2026)
Main Document:
Letter
#6
Oct 09, 2026
NOTICE of Appearance by JACOB HERIC on behalf of TODD BLANCHE, MARKWAYNE MULLIN, JOHN TSOUKARIS, DAVID VENTURELLA, WARDEN, Winn Correctional Center, Winnfield, Louisiana (HERIC, JACOB) [Transferred from New Jersey on 10/19/2026.] (Entered: 10/09/2026)
Main Document:
NOTICE
Oct 09, 2026
Judge Brian R. Martinotti added. (jbb) [Transferred from New Jersey on 10/19/2026.]
Oct 09, 2026
CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jbb) [Transferred from New Jersey on 10/19/2026.]
#7
Oct 10, 2026
REPLY to Response to Motion filed by HERVE J MICHEL re 3 MOTION for Temporary Restraining Order and Habeas Corpus Motion (OMOJOLA, ADEREMILEKUN) [Transferred from New Jersey on 10/19/2026.] (Entered: 10/10/2026)
Main Document:
REPLY
#8
Oct 13, 2026
TEXT ORDER: Before the Court is Petitioner Herve J. Michel's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging Petitioner's continued detention by immigration authorities (ECF No. 1) and Respondents' letter noting that Petitioner is detained in the Western District of Louisianna (ECF No. 5). Respondents submit that Petitioner was transferred from Elizabeth Contract Detention Facility in Elizabeth, New Jersey on September 29, 2026, and was booked into Winn Correctional Center in Winnfield, Louisiana on the same day. (ECF No. 5-1.) The Court received Petitioner's Petition on October 9, 2026. (See ECF No. 1.) The sole proper respondent in a petition brought under 28 U.S.C. § 2241 is the warden of the facility where the detainee is currently being held. See Rumsfeld v. Padilla, 542 U.S. 426, 436 (2004); Yi v. Maugans, 24 F.3d 500, 507 (3d Cir. 1994). Petitioner was confined in the Western District of Louisianna at the time the Petition was filed. Therefore, the only proper respondent would be the Warden of Petitioner's Detention Center in Louisiana, where Petitioner was confined when the Petition was filed. District courts "are limited to granting habeas relief 'within their respective jurisdictions.' 28 U.S.C. § 2241(a)." Padilla, 542 U.S. at 442. A writ of habeas corpus pursuant to § 2241 may therefore only be issued by the district court in which the petitioner is currently confined, in this case the Western District of Louisiana, which has jurisdiction over Winnfield, Louisiana. Id.; see also Yi v. Maugans, 24 F.3d 500, 507 (3d Cir. 1994) ("[a] district court's habeas corpus jurisdiction is territorially limited and extends only to persons detained and custodial officials acting within the boundaries of that district"). Because Petitioner is challenging his continued detention in Louisiana, this Court finds that it would be in the interests of justice to transfer this matter to the appropriate court, in this case the Western District of Louisiana District Court. 28 U.S.C. § 1631. Accordingly, it is ORDERED that the Clerk of the Court shall TRANSFER this action to the United States District Court for the Western District of Louisiana and CLOSE this matter. So Ordered by Judge Brian R. Martinotti on 10/13/2026. (lr, ) [Transferred from New Jersey on 10/19/2026.] (Entered: 10/13/2026)
Oct 13, 2026
***Civil Case Terminated. (mfr) [Transferred from New Jersey on 10/19/2026.]
#9
Oct 19, 2026
DISTRICT CASE transferred in from District of New Jersey; Case Number 2:26-cv-13184. Original file copy of transfer order and docket sheet received (Entered: 10/19/2026)
Main Document:
District Transfer In
#10
Nov 07, 2026
Notice of Standing Order 1.74
Main Document:
Notice of Standing Order 1.74
#11
Nov 07, 2026
Proposed Order (Court User Only/Public Entry No NEF)
Main Document:
Proposed Order (Court User Only/Public Entry No NEF)
Nov 07, 2026
Case Assigned/Reassigned
Parties
Michel
Party
Winn Correctional Center
Party