Cruz-Ruiz v. Harper

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
GUILLERMO CRUZ RUIZ,
Petitioner,
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No. 2:26-cv-02092-SHL-atc
v.
MELLISSA B. HARPER, New Orleans Field
Office Director of Immigration and Customs
Enforcement, Enforcement and Removal
Operations, in her official capacity;
U.S. DEPARTMENT OF HOMELAND
SECURITY; and U.S. IMMIGRATION
AND CUSTOMS ENFORCEMENT,
Respondents.
ORDER REQUIRING ADDITIONAL INFORMATION
FROM PETITIONER AND ORDERING SERVICE
On February 3, 2026, Petitioner Guillermo Cruz Ruiz filed the Petition for a Writ of
Habeas Corpus under 28 U.S.C. § 2241, challenging his continued detention in the West
Tennessee Detention Facility as an “arriving alien” without a bond hearing. (ECF No. 2.)
However, Cruz Ruiz failed to provide sufficient facts in the Petition. (ECF No. 2-3 at PageID
29.) Upon review of the Petition, it is ORDERED as follows:
(1) 	Cruz Ruiz shall SUPPLEMENT the Petition within five days of the entry of this
Order, providing a factual basis affirmatively showing why he should not be considered an
“arriving alien” under 8 U.S.C. § 1225. He shall, also within five days of this Order, serve one
copy each of (1) the Petition (ECF Nos. 2, 2-1, 2-2, 2-3), (2) his supplemental facts, and (3)
this Order (ECF No. 7) on each Respondent, and ensure that copies are delivered to the United
States Attorney for the Western District of Tennessee at the following address:
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Stuart Canale, Assistant United States Attorney
United States Attorney’s Office
167 North Main Street
Suite 800
Memphis, TN 38103
Additionally, Cruz Ruiz shall serve the documents listed above on the United States Attorney for
the Western District of Tennessee electronically at the following email address:
stuart.canale@usdoj.gov. Failure to fully comply with these service requirements may justify
dismissal of the Petition. See 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.”
(emphasis added)).
(2) 	Within five days after Cruz Ruiz fully complies with the above service
requirements, Respondents shall respond to the petition for writ of habeas corpus in writing.
(3) 	Cruz Ruiz may file a reply within two days after Respondents’ responsive filing.
(4) 	Respondents shall not transfer Petitioner Cruz Ruiz out of the West Tennessee
Detention Facility during the pendency of the Petition.
IT IS SO ORDERED, this 4th day of February, 2026.
s/ Sheryl H. Lipman
SHERYL H. LIPMAN
CHIEF UNITED STATES DISTRICT JUDGE
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