District of Massachusetts • 1:25-cv-13090

#1

Oct 21, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11311971 Fee status: Filing Fee paid., filed by Carlos Manuel Romero Alberto. (Attachments: # 1 Exhibit Notice to Appear, # 2 Exhibit UAC Asylum Application, # 3 Exhibit Asylum Referral to Immigration Court, # 4 Exhibit T Visa Application Pending with USCIS, # 5 Category Form, # 6 Civil Cover Sheet)(Shaw, Elizabeth) (Entered: 10/21/2025)

#2

Oct 22, 2025

ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick 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 Jennifer C. Boal. (NMC) (Entered: 10/22/2025)

#3

Oct 22, 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). (NMC) (Entered: 10/22/2025)

#4

Oct 22, 2025

District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OR TRANSFER OF REMOVAL entered. The answer or responsive pleading is due no later than October 29, 2025. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 10/22/2025)

#5

Oct 22, 2025

Copy re: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Kristi Noem, Todd Lyons, Patricia Hyde, Pamela Bondi and Antone Moniz on 10/22/2025. (Currie, Haley) (Entered: 10/22/2025)

Oct 22, 2025

Copy Mailed

Oct 22, 2025

Notice of Case Assignment

#6

Oct 27, 2025

Notice of Appearance

#7

Oct 29, 2025

Answer/Response to Petition for Writ of Habeas Corpus - 2241

#8

Oct 30, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Carlos Manuel Romero Alberto, a citizen of Honduras, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, at 1, 6. In February 2014, he entered the United States without inspection at the age of eleven as an unaccompanied minor and was served with a Notice to Appear. Id. at 1; ECF 7-1, ¶ 7. Romero Alberto applied for asylum with the United States Citizenship and Immigration Services ("USCIS") in August 2017 and, after his asylum interview, USCIS transferred his case to the Immigration Court in February 2018. ECF 1, at 1-2. On August 25, 2025, the Worcester County Sherriff's Department arrested Romero Alberto for operating a motor vehicle under the influence of alcohol. ECF 7-1, ¶ 8. The next day, he was detained by the U.S. Immigration and Customs Enforcement ("ICE") and transferred to Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶ 9; ECF 1, at 2. While detained, on September 19, 2025, Romero Alberto filed a T nonimmigrant visa application with USCIS, claiming that he was a victim of labor trafficking while residing in the United States. ECF 1, at 2. At approximately 5:00 a.m. on October 21, 2025, ICE transferred him to Federal Correctional Institution Berlin in Berlin, New Hampshire, where he was booked that same day around 10:15 a.m. and remains today. ECF 7-1, ¶¶ 10-11. Several hours later, at 5:23 p.m. on October 21, he filed this habeas petition. ECF 1 .The respondents contend that this Court lacks jurisdiction over the habeas petition because Romero Alberto was not detained in Massachusetts when he filed his petition on October 21, 2025. "[A]s a general rule, a petitioner must file a habeas petition in the district in which they are confined and must name as a respondent the petitioner's immediate custodian." Ozturk v. Trump, 777 F. Supp. 3d 26, 34 (D. Mass. 2025) (citing Rumsfeld v. Padilla, 542 U.S. 426, 442-47 (2004)). The respondents argue that the Court should therefore either deny this petition or transfer it to the District of New Hampshire, where Romero Alberto was confined at the time his petition was filed. The Court agrees with the respondents' latter contention that, in the circumstances of this case, a transfer of the petition, rather than dismissal, is warranted. This Court lacks jurisdiction over the petition because Romero Alberto was not in Massachusetts at the time he filed the petition. See Padilla, 542 U.S. at 442. At that time, he had already been transferred to Berlin, New Hampshire. ECF 7-1, ¶ 10; ECF 1 . The respondents do not oppose transfer because they recognize that Romero Alberto's counsel may not have been aware of his whereabouts when filing this habeas petition. ECF 7, at 4-5. Given that he was transferred to New Hampshire in the early morning of October 21, 2025, it is understandable that his counsel did not know where he was being held that day. As in Ozturk v. Trump, Romero Alberto "cannot be faulted for filing the Petition in this Court," where his counsel understandably did not know his location when the petition was filed. 777 F. Supp. 3d at 42. The Court accordingly concludes that transferring Romero Alberto's petition to the District of New Hampshire is in the interests of justice. See 28 U.S.C. §§ 1404(a), 1406(a), 1631.For the foregoing reasons, Romero Alberto's petition for a writ of habeas corpus under 28 U.S.C. § 2241 is hereby TRANSFERRED to the United States District Court for the District of New Hampshire pursuant to 28 U.S.C. §§ 1404(a), 1406(a), and 1631. (Currie, Haley) (Entered: 10/30/2025)

#9

Oct 30, 2025

Case Transferred Out - District Transfer

#10

Oct 30, 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-00430. (SVC1) (Entered: 10/30/2025)

Oct 30, 2025

Order