District of New Hampshire • 1:25-cv-00324

#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). [Transferred from mad on 8/27/2025.] (Entered: 08/26/2025)

#2

Aug 26, 2025

Category Form by Herson Antonio Guerra Guerra. (Norman, Nancy) Modified on 8/26/2025: to edit docket text and restrict filing (EZG). [Transferred from mad on 8/27/2025.] (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) [Transferred from mad on 8/27/2025.] (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) [Transferred from mad on 8/27/2025.] (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). [Transferred from mad on 8/27/2025.] (Entered: 08/26/2025)

#6

Aug 26, 2025

RESPONSE TO COURT ORDER by Herson Antonio Guerra Guerra . (Norman, Nancy) [Transferred from mad on 8/27/2025.] (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) [Transferred from mad on 8/27/2025.] (Entered: 08/26/2025)

Aug 26, 2025

Case Assigned

Aug 26, 2025

Order

#8

Aug 27, 2025

Case transferred in from District of Massachusetts; Case Number: 1:25-cv-12363. Original file certified copy of transfer order and docket sheet received (Entered: 08/27/2025)

#9

Aug 27, 2025

PROCEDURAL ORDER IN TRANSFERRED CASE. ORDER Signed by Tracy A. Uhrin, Clerk of Court. Compliance Deadline set for 9/26/2025.(ed) (Entered: 08/27/2025)

Aug 27, 2025

ORDER REGARDING VISITING ATTORNEY: The Local Rules for the District of New Hampshire provide that an attorney may, at the discretion of the court, on motion by a member of our bar, be permitted to practice before this court in a particular action. Any attorney so admitted shall at all times be associated with a member of the bar of this court. Our records indicate that no motion for pro hac vice admission of Nancy Beth Norman, Esq. has been received. Unless said motion with the required fee is filed within thirty (30) days, the case may be referred to a judicial officer for appropriate action. ORDER Signed by Tracy A. Uhrin, Clerk of Court. Compliance Deadline set for 9/26/2025.(ed)

Aug 27, 2025

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. (ed)

Aug 27, 2025

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.(ed)

Aug 27, 2025

Case assigned to Chief Judge Landya B. McCafferty and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:25-cv-324-LM-AJ. Please show this number with the judge designation on all future pleadings. (ed)

Aug 27, 2025

Case Assigned

Aug 27, 2025

Notice of Filing to USA - 2255/2241

Aug 27, 2025

Notice - ECF

Aug 27, 2025

Local Counsel Order

#10

Aug 29, 2025

Order AND ~Util - Set Deadlines

#11

Oct 02, 2025

Order