District of Massachusetts • 1:25-cv-12363

#1

Aug 26, 2025

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11196679 Fee status: Filing Fee paid., filed by Herson Antonio Guerra Guerra. (Attachments: # 1 Civil Cover Sheet)(Norman, Nancy) Modified on 8/26/2025: to edit docket text and restrict filing (EZG). (Entered: 08/26/2025)

#3

Aug 26, 2025

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jessica D. Hedges. (SP) (Entered: 08/26/2025)

#4

Aug 26, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (EZG) (Entered: 08/26/2025)

#5

Aug 26, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered. On August 25, 2025, Petitioner Herson Antonio Guerra Guerra filed a Petition for a writ of habeas corpus under 28 U.S.C. § 2241. [Dkt. 1]. Guerra Guerra, a foreign national, has been detained by U.S. Immigration and Customs Enforcement (ICE) since August 22, 2025. [Id.]. Guerra Guerra was detained by ICE after leaving the East Boston District Court. The next day, August 23, 2025, Guerra Guerra was removed from the Commonwealth of Massachusetts and transported to New Hampshire, Strafford County Corrections, where he is currently in custody. [Id. at 7-8].As the Supreme Court previously noted, under 28 U.S.C. § 2241, District Courts are limited to granting habeas relief in their respective jurisdictions. Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004) (quoting 28 U.S.C. § 2241(a)). A petitioner must file a habeas petition in the district in which they are confined and name as a respondent the petitioners immediate custodian. Id.at 442-447. Because Guerra Guerra was not in custody within the District of Massachusetts at the time the habeas Petition was filed, this Court is without jurisdiction to adjudicate this matter. [Dkt. 1 at 3].When a district court lacks jurisdiction, as is the case here, it may, in the interest of justice, order the case to be transferred to another court that would have jurisdiction. 28 U.S.C. § 1631. In this case, it appears the appropriate District for transfer is the District of New Hampshire.The Court hereby ORDERS the Petitioner to elect, by end of day today, August 26, 2025, if it would prefer the case to be dismissed without prejudice, allowing Petitioner to file in the appropriate District, or if Petitioner would prefer the Court transfer the casedirectly to the District of New Hampshire. Further, if the Petitioner has additional evidence that Petitioner was present in the District of Massachusetts at the time of the filing of this habeas, making jurisdiction appropriate before this Court, it may so provide to the Court in its filing.(CEH) Modified on 8/26/2025 to correct previously listed incorrect date from August 23, 2024 to August 23, 2025. NEF regenerated to all parties (CEH). (Entered: 08/26/2025)

#6

Aug 26, 2025

RESPONSE TO COURT ORDER by Herson Antonio Guerra Guerra . (Norman, Nancy) (Entered: 08/26/2025)

#7

Aug 26, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered. Upon consideration of the Petitioner's Request to Transfer the Case [Dkt. 6], filed in response to this Court's Order [Dkt. 5], the Court finds that the interest of justice is best served by transferring the Petition to the District of New Hampshire, where Petitioner is presently in custody. The Court hereby ORDERS that the above-captioned matter shall be transferred to the United States District Court for the District of New Hampshire.(MAL) (Entered: 08/26/2025)

Aug 26, 2025

Notice of Case Assignment

Aug 26, 2025

Order

#8

Aug 28, 2025

Electronic notice to counsel: This civil action has been transferred to the District of New Hampshire and assigned civil case number 1:25-cv-00324. (SVC1) (Entered: 08/28/2025)