Hernandez Licona v. Ladwig

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
BRAYAN HERNANDEZ LICONA,
Petitioner,
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No. 2:26-cv-02081-SHL-atc
v.
SCOTT LADWIG, Acting Director of the
New Orleans Field Office of ICE, in his
official capacity,
Respondent.
ORDER REQUIRING SERVICE
On January 29, 2026, Petitioner Brayan Hernandez Licona filed the Petition for a Writ of
Habeas Corpus under 28 U.S.C. § 2241. (ECF No. 7-3.) Hernandez Licona challenges his
continued detention in the West Tennessee Detention Facility without a bond hearing, and seeks
not a bond hearing but his “immediate, unconditional release,” arguing that his detention is “void
ab initio” and that “a bond hearing is an inadequate remedy in the face of the government’s
‘automatic stay’ power and explicit defiance of judicial orders.” (ECF No. 7-3 at PageID 32–
33.) Upon review of the Petition, it is ORDERED as follows:
(1) 	Hernandez Licona shall within five days of this Order deliver one copy of (1) the
Petition (ECF No. 7-3) and (2) this Order (ECF No. 8) to the United States Attorney for the
Western District of Tennessee at the following address:
Stuart Canale, Assistant United States Attorney
United States Attorney’s Office
167 North Main Street
Suite 800
Memphis, TN 38103
Additionally, Hernandez Licona shall serve the documents listed above on the United States
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Attorney for the Western District of Tennessee electronically at the following email address:
stuart.canale@usdoj.gov. Failure to fully comply with this requirement may justify dismissal
of the Petition under Federal Rule of Civil Procedure 41(b). Fed. R. Civ. P. 41(b) (“If the
plaintiff fails to . . . comply with these rules or a court order, a defendant may move to dismiss
the action or any claim against it.”).
(2) 	Within five days after Hernandez Licona fully complies with the above
requirement, Respondent Scott Ladwig shall respond to the petition for writ of habeas corpus in
writing.
(3) 	Hernandez Licona may file a reply within two days after Ladwig’s responsive
filing.
(4) 	Ladwig shall not transfer Hernandez Licona out of the West Tennessee Detention
Center during the pendency of the Petition.
IT IS SO ORDERED, this 30th day of January, 2026.
s/ Sheryl H. Lipman
SHERYL H. LIPMAN
CHIEF UNITED STATES DISTRICT JUDGE
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