District of New Hampshire • 1:26-cv-00003
Moraes Bastos v. FCI Berlin, Warden
Active
Case Information
Filed: January 06, 2026
Assigned to:
Landya B. McCafferty
Referred to:
Andrea K. Johnstone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Det
Active
Last Activity:
January 07, 2026
Parties:
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Docket Entries
#1
Jan 06, 2026
NEW CASE/PETITION FOR WRIT OF HABEAS CORPUS 2241/2254. (Filing fee $ 5, receipt number ANHDC-2724628.) filed by Thiago Moraes Bastos. (Attachments: # 1 Exhibit (Affidavit) A. Petitioner's Declaration, # 2 Exhibit B. BIA Appeal Documents, # 3 Exhibit C. Prima Facie Determination, # 4 Exhibit D. USCIS Correspondence, # 5 Exhibit E. Criminal Case Documents, # 6 Exhibit F. Defendant's Motion to Compel, # 7 Exhibit G. Clinical Evaluation of Petitioner, # 8 Exhibit H. Criminal Case Documents, # 9 Exhibit I. EOIR Bond Evidence, # 10 Civil Cover Sheet J. Civil Cover Sheet)(Healy, Maeve) (Entered: 01/06/2026)
Main Document:
Petition for Writ of Habeas Corpus 2241/2254 - New Case
Attachment 1:
Exhibit (Affidavit) A. Petitioner's Declaration
Attachment 2:
Exhibit B. BIA Appeal Documents
Attachment 3:
Exhibit C. Prima Facie Determination
Attachment 4:
Exhibit D. USCIS Correspondence
Attachment 5:
Exhibit E. Criminal Case Documents
Attachment 6:
Exhibit F. Defendant's Motion to Compel
Attachment 7:
Exhibit G. Clinical Evaluation of Petitioner
Attachment 8:
Exhibit H. Criminal Case Documents
Attachment 9:
Exhibit I. EOIR Bond Evidence
Attachment 10:
Civil Cover Sheet J. Civil Cover Sheet
#2
Jan 06, 2026
MOTION for Carl Hurvich to Appear Pro Hac Vice for Petitioner (Filing fee $ 100, Receipt # ANHDC-2724712.) filed by Thiago Moraes Bastos.Follow up on Objection on 1/20/2026. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Healy, Maeve) (Entered: 01/06/2026)
Main Document:
Appear Pro Hac Vice
#3
Jan 06, 2026
MOTION for Alexandra Minogue to Appear Pro Hac Vice for Petitioner (Filing fee $ 100, Receipt # ANHDC-2724715.) filed by Thiago Moraes Bastos.Follow up on Objection on 1/20/2026. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Healy, Maeve) (Entered: 01/06/2026)
Main Document:
Appear Pro Hac Vice
Jan 06, 2026
Case assigned to Judge Landya B. McCafferty and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:26-cv-03-LM-AJ. Please show this number with the judge designation on all future pleadings. (mc)
Jan 06, 2026
Case Assigned
Jan 06, 2026
Notice of Filing to USA - 2255/2241
Jan 06, 2026
Notice - ECF
Jan 06, 2026
NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (mc)
Jan 06, 2026
NOTICE of Filing - Case filed under 28 U.S.C. 2241. A copy of the petition has been electronically sent via ECF to your office. No further action is required by the United States Attorney unless directed by the presiding judge.(mc)
#4
Jan 07, 2026
ORDER Directing Clerk to Make Service. Respondents shall provide this court with at least 72 hours of advance notice of any scheduled removal or transfer of Petitioner out of this court's jurisdiction. Such notice shall be filed in writing on the docket of this proceeding and shall state the reasons for such action and why the move should not be stayed pending further court proceedings. Notice of Petitioner's release from custody may be provided after the fact. So Ordered by US Magistrate Judge Andrea K Johnstone.(de) (Entered: 01/07/2026)
Main Document:
Order Directing Service
#5
Jan 07, 2026
NOTICE of Attorney Appearance by Carl Hurvich on behalf of Thiago Moraes Bastos Attorney Carl Hurvich added to party Thiago Moraes Bastos(pty:pet).(Hurvich, Carl) (Entered: 01/07/2026)
Main Document:
Attorney Appearance
#6
Jan 07, 2026
Attorney Appearance
Main Document:
Attorney Appearance
Jan 07, 2026
Endorsed Order - not on motion
Jan 07, 2026
Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice
Jan 07, 2026
ENDORSED ORDER granting 2 Motion for Carl Hurvich to Appear Pro Hac Vice; granting 3 Motion for Alexandra Minogue to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de)
Jan 07, 2026
ENDORSED ORDER. Text of Order: Petitioner in this case, through counsel, has requested a temporary restraining order ("TRO") in his initial pleading, which counsel entitled, "Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 and Motion for Temporary Restraining Order and Preliminary Injunction" (doc. no. 1). Petitioner's initial filings lack the requisite certification of counsel regarding the efforts made to give notice and the reasons why it should not be required, see Fed. R. Civ. P. 65(b)(1)(B), and also do not clearly show that immediate and irreparable harm will occur "before [respondents] can be heard in opposition," Fed. R. Civ. P. 65(b)(1)(A). Accordingly, the request for a TRO without notice under Rule 65(b) is denied. Petitioner is advised to file a separately-docketed motion for a preliminary injunction if he seeks Rule 65(a) relief at this time. See LR 7.1(a)(1). So Ordered by Judge Landya B. McCafferty.(de)
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