Western District of Louisiana • 3:25-cv-01718

#1

Oct 31, 2025

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-31934363)Document filed by Pema Sherpa. (Attachments: # 1 Exhibit Civil Cover Sheet, # 2 Exhibit Notice of dismissal of asylum application, # 3 Exhibit Order of Expedited Removal).(O'Dwyer, Paul) [Transferred from New York Southern on 11/7/2025.] (Entered: 10/31/2025)

#2

Nov 03, 2025

ORDER: The Court, having examined the petition in this action, Dkt. 1, which petitioner filed pursuant to 28 U.S.C. § 2241, hereby ORDERS that: The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued. Within 60 days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the petition. Petitioner may file reply papers, if any, within 30 days from the date petitioner is served with respondents' answer. To preserve the Court's jurisdiction pending a ruling on the petition, petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Du v. United States Dep 't of Homeland Sec., No. 25 Civ. 644, 2025 WL 1317944, at * 1 (D. Conn. Apr. 24, 2025) ( enjoining defendants from "removing any Plaintiffs or putative class membersfrom the District of Connecticut, and from deporting them from the United States" because "a federal court may temporarily enjoin immigration authorities from deporting individuals if it preserves the court's jurisdiction over a case or cases"); Ozturk v. Hyde, No. 25 Civ. 10695, 2025 WL 1009445, at *11 (D. Mass. Apr. 4, 2025) ("To allow the Court's resolution of its jurisdiction to decide the Petition, Ozturk shall not be removed from the United States until further Order of this Court." (citation omitted)); Leuthavone v. Salisbury, No. 97 Civ. 556, 2025 WL 1135588, at *2 (D.R.I. Apr. 17, 2025) (granting a stay of removal "to maintain the status quo and preserve the Court's ability to adjudicate the habeas petition"); Khalil v. Joyce, No. 25 Civ. 1935, 2025 WL 750599, at* 1 (S.D.N.Y. Mar. 10, 2025) ("To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise."); see also Local 1814, Intern. Longshoremen's Ass'n, AFL-CIO v. New York Shipping Ass'n, Inc., 965 F.2d 1224, 1237 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, the All Writs Act, 28 U.S.C. § 1651, authorizes a federal court to protect that jurisdiction." (cleaned up)); GarciaIzquierdo v. Gartner, No. 4 Civ. 7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17, 2004) (under the All Writs Act, a district court "may order that a petitioner's deportation be stayed... when a stay is necessary to preserve the Court's jurisdiction of the case"); cf Michael v. INS., 48 F.3d 657, 661-62 (2d Cir. 1995) (All Writs Act provides federal court of appeals reviewing a final removal order with basis to stay removal). (Signed by Judge Paul A. Engelmayer on 11/3/2025) (rro) Transmission to Pro Se Assistants for processing. [Transferred from New York Southern on 11/7/2025.] (Entered: 11/03/2025)

Nov 03, 2025

Case Designated ECF. (pc) [Transferred from New York Southern on 11/7/2025.]

Nov 03, 2025

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Paul O'Dwyer. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc) [Transferred from New York Southern on 11/7/2025.]

Nov 03, 2025

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Paul O'Dwyer to RE-FILE Document No. 1 Petition for Writ of Habeas Corpus,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) [Transferred from New York Southern on 11/7/2025.]

Nov 03, 2025

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul O'Dwyer. The party information for the following party/parties has been modified: Judith Almodovar, Acting Director Todd M. Lyons, Secretary Kristi Noem. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (pc) [Transferred from New York Southern on 11/7/2025.]

Nov 03, 2025

Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) [Transferred from New York Southern on 11/7/2025.]

Nov 03, 2025

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) [Transferred from New York Southern on 11/7/2025.]

#3

Nov 04, 2025

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Judith Almodovar, Kristi Noem, Todd Lyons..(Waterman, Brandon) [Transferred from New York Southern on 11/7/2025.] (Entered: 11/04/2025)

#4

Nov 06, 2025

CONSENT MOTION to Transfer Case to US District Court, Western District of Louisiana. Document filed by Pema Sherpa. (Attachments: # 1 Proposed Order Proposed Order granting motion to transfer).(O'Dwyer, Paul) [Transferred from New York Southern on 11/7/2025.] (Entered: 11/06/2025)

#5

Nov 07, 2025

ORDER granting 4 Motion to Transfer Case. It is hereby Ordered that Petitioner's consent motion (ECF 4) be granted, and that this matter be transferred to the US District Court for the Western District of Louisiana, which is the US Distric t Court with jurisdiction over Petitioner's place of confinement at the time this Petition was filed. It is further Ordered that the seven-day waiting period in Local Civil Rule 83.1 is waived, and the Clerk of the Court is directed to transfer the matter forthwith; and it is further Ordered that this Court's Order of November 3 (ECF 2) remains in effect unless and until the transferee court orders otherwise. (Signed by Judge Paul A. Engelmayer on 11/7/2025) (tg)[Transferred from New York Southern on 11/7/2025.]

#6

Nov 07, 2025

DISTRICT CASE transferred in from District of New York Southern; Case Number 1:25-cv-09082. Original file copy of transfer order and docket sheet received (Entered: 11/07/2025)

#7

Nov 07, 2025

PROPOSED TRANSFER ORDER Referred to Magistrate Judge Kayla D McClusky. Motion Ripe Deadline set for 11/7/2025. (crt,Devillier, W) (Entered: 11/07/2025)

Nov 07, 2025

Case Assigned/Reassigned

Nov 07, 2025

CASE Assigned to Judge Terry A Doughty and Magistrate Judge Kayla D McClusky. (crt,Devillier, W)

Nov 07, 2025

CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Western District of Louisiana.(tg) [Transferred from New York Southern on 11/7/2025.]

Nov 07, 2025

District Transfer Out (Form Included Only If Manual Attachment Exists)

#8

Nov 10, 2025

Transfer Order