Active
Case Information
Filed: August 11, 2025
Assigned to:
Katherine M Menendez
Referred to:
Shannon G. Elkins
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
November 04, 2025
Parties:
View All Parties →
Docket Entries
#1
Aug 11, 2025
PETITION for Writ of Habeas Corpus (filing fee $ 5, receipt number AMNDC-12121578) filed by Martin Berchie. No summons requested. (Attachments: # 1 Exhibit(s) A, # 2 Civil Cover Sheet) (Ratkowski, Nicholas) (Entered: 08/11/2025)
Main Document:
PETITION
#2
Aug 11, 2025
Emergency MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Martin Berchie. (Ratkowski, Nicholas) (Entered: 08/11/2025)
Main Document:
Emergency MOTION
#3
Aug 11, 2025
MEMORANDUM in Support re 2 Emergency MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Martin Berchie. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ratkowski, Nicholas) (Entered: 08/11/2025)
Main Document:
MEMORANDUM
#4
Aug 11, 2025
PROPOSED ORDER TO JUDGE re 2 Emergency MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Martin Berchie.(Ratkowski, Nicholas) (Entered: 08/11/2025)
Main Document:
PROPOSED
#5
Aug 11, 2025
(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Katherine M. Menendez per Civil (3rd, 4th - Prisoner) list, referred to Magistrate Judge Shannon G. Elkins. Please use case number 25-cv-3197 KMM/SGE.Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (ACH) (Entered: 08/11/2025)
#6
Aug 11, 2025
ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT. Respondents shall file an answer on or before August 22, 2025. Signed by Magistrate Judge Shannon G. Elkins on 8/11/2025. (BH) (Entered: 08/11/2025)
Main Document:
Order for Party to File Document/Respond to Court
#7
Aug 12, 2025
NOTICE of Appearance by Trevor Brown on behalf of Peter Berg, Pamela Bondi, Marcos Charles, Todd M. Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement (ICE). (Brown, Trevor) (Entered: 08/12/2025)
Main Document:
NOTICE
#8
Aug 22, 2025
RESPONSE re 2 Emergency MOTION for Temporary Restraining Order - Expedited Handling Requested, 1 Petition for Writ of Habeas Corpus, filed by Peter Berg, Pamela Bondi, Marcos Charles, Todd M. Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement (ICE).(Brown, Trevor) (Entered: 08/22/2025)
Main Document:
RESPONSE
#9
Aug 22, 2025
DECLARATION of Thomas P. Murphy re 8 Response, by Peter Berg, Pamela Bondi, Marcos Charles, Todd M. Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement (ICE) . (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D)(Brown, Trevor) (Entered: 08/22/2025)
Main Document:
DECLARATION
#10
Aug 24, 2025
REPLY re 8 Response, filed by Martin Berchie.(Ratkowski, Nicholas) (Entered: 08/24/2025)
Main Document:
REPLY
#11
Aug 24, 2025
EXHIBIT List re 10 Reply filed by Martin Berchie. (Attachments: # 1 Exhibit(s) A)(Ratkowski, Nicholas) (Entered: 08/24/2025)
Main Document:
EXHIBIT
#12
Sep 03, 2025
REPORT AND RECOMMENDATION that 1 Petition for Writ of Habeas Corpus be GRANTED, and 2 Emergency MOTION for Temporary Restraining Order - Expedited Handling Requested be DENIED as moot. Signed by Magistrate Judge Shannon G. Elkins on 9/3/2025. (BH) (Entered: 09/03/2025)
#13
Sep 04, 2025
(Text-Only Order) The Court has reviewed the Report and Recommendation prepared by Magistrate Judge Elkins in this matter 12 . In light of the recommendation that the petitioner should be released because continuing detention is unlawful, the Court will consider objections to the R&R on a somewhat expedited timeframe. The United States shall have until September 10, 2025, to submit any objections to the R&R. Petitioner shall have until September 12th to submit any response. Ordered by Judge Katherine M. Menendez on 9/4/2025. (AJS) (Entered: 09/04/2025)
Sep 04, 2025
Order/Notice to Attorney
#14
Sep 08, 2025
MOTION for Extension of Time filed by Peter Berg, Pamela Bondi, Marcos Charles, Todd M. Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement (ICE). (Brown, Trevor) (Entered: 09/08/2025)
Main Document:
MOTION
#15
Sep 08, 2025
Declaration of Richard N. Pryd Jr. in Support of 14 MOTION for Extension of Time filed by Peter Berg, Pamela Bondi, Marcos Charles, Todd M. Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement (ICE).(Brown, Trevor) (Entered: 09/08/2025)
Main Document:
Declaration
#16
Sep 08, 2025
PROPOSED ORDER TO JUDGE re 14 MOTION for Extension of Time filed by Peter Berg, Pamela Bondi, Marcos Charles, Todd M. Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement (ICE).(Brown, Trevor) (Entered: 09/08/2025)
Main Document:
PROPOSED
#17
Sep 08, 2025
MEMORANDUM in Opposition re 14 MOTION for Extension of Time filed by Martin Berchie. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ratkowski, Nicholas) (Entered: 09/08/2025)
Main Document:
MEMORANDUM
#18
Sep 08, 2025
DECLARATION of Martin Berchie in Opposition to 14 MOTION for Extension of Time filed by Martin Berchie.(Ratkowski, Nicholas) (Entered: 09/08/2025)
Main Document:
DECLARATION
#19
Sep 09, 2025
Order on Motion for Extension of Time
#26
Sep 22, 2025
Order on Motion for Miscellaneous Relief
Main Document:
Order on Motion for Miscellaneous Relief
#28
Sep 29, 2025
Order on Report and Recommendation
#29
Oct 07, 2025
STATUS REPORT by Peter Berg, Pamela Bondi, Marcos Charles, Todd M. Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement (ICE). (Voss, Ana) (Entered: 10/07/2025)
Main Document:
STATUS
#30
Oct 08, 2025
MOTION Order an Evidentiary Hearing filed by Martin Berchie. (Ratkowski, Nicholas) (Entered: 10/08/2025)
Main Document:
MOTION
#31
Oct 08, 2025
AFFIDAVIT of Martin Berchie in SUPPORT OF 30 MOTION Order an Evidentiary Hearing filed by Martin Berchie.(Ratkowski, Nicholas) (Entered: 10/08/2025)
Main Document:
AFFIDAVIT
#32
Oct 08, 2025
PROPOSED ORDER TO JUDGE re 30 MOTION Order an Evidentiary Hearing filed by Martin Berchie.(Ratkowski, Nicholas) (Entered: 10/08/2025)
Main Document:
PROPOSED
#33
Oct 08, 2025
(Text-Only) ORDER/NOTICE. Mr. Berchie has filed a Motion for an Evidentiary Hearing (ECF 30). In the Motion and a supporting affidavit, he raises a significant question about whether the Ghanaian government in fact ever issued a travel document for Mr. Berchie. Whether and when the government in fact possessed a valid travel document for Mr. Berchie has been a critical issue in this case. Counsel for the government has repeatedly averred that a valid travel document for Mr. Berchie exists, and a sworn affidavit attesting to that fact was submitted to this Court on September 17, 2025. Indeed, based in part on that affidavit, the Court declined to order Mr. Berchie's release, finding that his removal was imminent. Mr. Berchie's newly filed motion and affidavit raise questions about, at a minimum, the earlier representations made to the Court. Most critically, he alleges that the travel document used to remove him was not valid and not his, but instead had been used to remove someone else. Before the Court decides whether a hearing is appropriate, the Court will give the government a chance to respond. Therefore, the government should file a memorandum in response to the pending motion-including declarations addressing Mr. Berchie's averments-by 5:00 pm on October 14, 2025.Ordered by Judge Katherine M. Menendez on 10/8/2025.(ED) (Entered: 10/08/2025)
Oct 08, 2025
Order/Notice to Attorney
Oct 14, 2025
Order in Response to Letter/Request/E-mail
#40
Nov 04, 2025
Order Dismissing Case
Main Document:
Order Dismissing Case
Parties
Party
Party
Party
Party
Party
Party
Party
Attorney
Attorney
Attorney
Firm