District of New Hampshire • 1:26-cv-00203

#1

Mar 12, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number BMADC-11601674, Fee status: Filing Fee paid, filed by Pierre Yves Beneche.(CM) (Main Document 1 replaced on 3/12/2026) (EZG). (Additional attachment(s) added on 3/12/2026: # 1 Exhibits) (EZG). Modified on 3/12/2026: to separate main filing from exhibits (EZG). [Transferred from mad on 3/19/2026.] (Entered: 03/12/2026)

#2

Mar 12, 2026

ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format both a Local Category Form & a Civil Cover Sheet. Both forms can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents - Civil Cover Sheet & Category Sheet. (EZG) [Transferred from mad on 3/19/2026.] (Entered: 03/12/2026)

#3

Mar 12, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Patti B. Saris 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 Paul G. Levenson. (JAM) [Transferred from mad on 3/19/2026.] (Entered: 03/12/2026)

#4

Mar 12, 2026

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (CGK) [Transferred from mad on 3/19/2026.] (Entered: 03/12/2026)

#5

Mar 12, 2026

District Judge Patti B. Saris: ORDER entered. ORDER Concerning Service of Petition and Stay of Transfer or Removal. The Answer or responsive pleading is due not later than March 17, 2026.(CGK) (Additional attachment(s) added on 3/12/2026: # 1 Appendix) (CGK). [Transferred from mad on 3/19/2026.] (Entered: 03/12/2026)

#6

Mar 12, 2026

Copy re 5 Service Order - 2241 Petition, 1 PETITION for Writ of Habeas Corpus (2241), mailed to respondent and courtesy copy emailed to Duty AUSA on 3/12/2026. (CGK) [Transferred from mad on 3/19/2026.] (Entered: 03/12/2026)

#7

Mar 16, 2026

Civil Cover Sheet & Category Sheet filed by Pierre Yves Beneche. (CGK) [Transferred from mad on 3/19/2026.] (Entered: 03/16/2026)

#8

Mar 17, 2026

NOTICE of Appearance by Erica McMahon on behalf of FCI Berlin Warden (McMahon, Erica) [Transferred from mad on 3/19/2026.] (Entered: 03/17/2026)

#9

Mar 17, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by FCI Berlin Warden. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(McMahon, Erica) [Transferred from mad on 3/19/2026.] (Entered: 03/17/2026)

#10

Mar 19, 2026

District Judge Patti B. Saris: ELECTRONIC ORDER entered. On March 12, 2026, Petitioner Pierre Yves Beneche ("Petitioner") filed a habeas petition under 28 U.S.C. § 2241 to challenge his immigration detention without a bond hearing. Petitioner has been detained at FCI Berlin in New Hampshire since May 19, 2025. As the government argues, this Court lacks jurisdiction in this case because Petitioner was detained in the District of New Hampshire at the time the petition was filed. See Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004) (stating "the general rule that for core habeas petitions challenging present physical confinement, jurisdiction lies in only one district: the district of confinement"); Ozturk v. Trump, 777 F. Supp. 3d 26, 35 (D. Mass. 2025) (recognizing this rule in a habeas action filed by a noncitizen in immigration detention). The record does not indicate that any exception to the district-of-confinement rule applies in this case. See Ozturk, 777 F. Supp. 3d at 35-39 (describing exceptions to this rule).When a district court lacks jurisdiction or venue over an action, it may transfer the action to another court in which the action could have been filed if doing so is "in the interest of justice." 28 U.S.C. §§ 1406(a), 1631. The government does not oppose transfer of this case. Accordingly, the Court ORDERS that this action be transferred to the U.S. District Court for the District of New Hampshire. The government shall not transfer Petitioner outside of the District of New Hampshire without first informing the court in that district, unless that court orders otherwise. (CGK) [Transferred from mad on 3/19/2026.] (Entered: 03/19/2026)

#11

Mar 19, 2026

Case transferred to District of New Hampshire;. Electronic file with documents numbered 1-10, certified copy of transfer order and docket sheet sent to Clerk in that district. (CGK) [Transferred from mad on 3/19/2026.] (Entered: 03/19/2026)

#12

Mar 19, 2026

Case transferred in from District of Massachusetts; Case Number: 1:26-cv-11221. Original file certified copy of transfer order and docket sheet received (Entered: 03/19/2026)

#13

Mar 19, 2026

PROCEDURAL ORDER IN TRANSFERRED CASE. ORDER Signed by Tracy A. Uhrin, Clerk of Court. Compliance Deadline set for 4/20/2026.(mc) (Entered: 03/19/2026)

#14

Mar 19, 2026

ORDER Directing Clerk to Make Service. The Respondents are ORDERED to file a response to the Petition (Doc. No. 1) no later than 5:00 p.m. on Friday, March 20, 2026, notifying this court whether Petitioner is a member of the class certified in Guerrero Orellana v. Moniz, No. 25-cv-12664-PBS (D. Mass.). The Respondents are further ORDERED to show cause, no later than 5:00 p.m. on Friday, March 20, 2026, why the court should not grant the Petition. Respondents shall provide this Court with at least seventy two hours of advance notice of any scheduled removal or transfer of Petitioner out of this Courts jurisdiction. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(de) (Entered: 03/19/2026)

Mar 19, 2026

SERVICE BY CLERK : Copies delivered and mailed to All Respondents per 14 Order Directing Service.(de)

Mar 19, 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)

Mar 19, 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)

Mar 19, 2026

Case assigned to Judge Landya B. McCafferty and US Magistrate Judge Talesha L. Saint-Marc. The case designation is: 1:26-cv-203-LM-TSM. Please show this number with the judge designation on all future pleadings. (mc)

Mar 19, 2026

Case Assigned

Mar 19, 2026

Notice of Filing to USA - 2255/2241

Mar 19, 2026

Notice - ECF

Mar 19, 2026

Local Counsel Order

Mar 19, 2026

Order

Mar 19, 2026

Case Transferred Out - District Transfer

Mar 19, 2026

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(s) for pro hac vice admission of Roseline J. Bazelais, Esq. has/have been received. Unless said motion(s) with the required fee is/are 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 4/20/2026.(mc)

#15

Mar 20, 2026

NOTICE of Attorney Appearance by Bridget Davidson on behalf of FCI Berlin, Warden, Immigration and Customs Enforcement, Boston Field Office Director Attorney Bridget Davidson added to party FCI Berlin, Warden(pty:res), Attorney Bridget Davidson added to party Immigration and Customs Enforcement, Boston Field Office Director(pty:res).(Davidson, Bridget) (Entered: 03/20/2026)

#16

Mar 20, 2026

Response - not to Motion

Mar 20, 2026

Clerk Service

Mar 24, 2026

Endorsed Order - not on motion AND ~Util - Set Deadlines