District of Massachusetts • 4:26-cv-40098

#1

Apr 01, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11649916 Fee status: Filing Fee paid., filed by Luiza De Freitas Rodrigues. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Category Form Category Form, # 3 Exhibit EOIR Automated Case Information Page, # 4 Exhibit ICE Detainee Locator Page, # 5 Exhibit ICE Notice of Custody Review, # 6 Exhibit Plaintiff Counsel's Emails to ICE)(Hamilton, Philip) (Entered: 04/01/2026)

#2

Apr 02, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Margaret R. Guzman 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 David H. Hennessy. (JB) (Entered: 04/02/2026)

#3

Apr 02, 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). (JB) (Entered: 04/02/2026)

#4

Apr 02, 2026

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered. ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. To give the Court time to consider the pending petition, unless otherwise ordered by the Court, the Petitioner shall not be moved from El Paso Behavioral Health System ("EPBHS") without providing the Court with at least 72 hours advance notice of the move and the reason therefore. Any such 72-hour notice period shall commence at the date and time such notice is filed and expire 72 hours later, except [i]f the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday. Fed. R. Civ. P. 6(a)(2)(C).Respondents shall file a response to the PETITION for Writ of Habeas Corpus [ECF 1] on or before Monday, April 6, 2026, by 6:00PM. The Court notes potential issues of venue in this case. The parties must specify the proper immediate custodian as to Ms. De Freitas Rodrigues's detainment while she resides in the EPBHS facility. See Rumsfeld v. Padilla, 542 U.S. 426, 442-47 (2004); see also Ozturk v. Trump, 777 F.Supp. 3d 26, 35-42 (D. Mass. 2025).(SF) (Entered: 04/02/2026)

#5

Apr 02, 2026

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered. SERVICE ORDER re 1 Petition for Writ of Habeas Corpus (2241). To ensure that the relevant government officials have notice of the Petition, the Clerk shall serve a copy of the Petition upon Respondents, the civil duty attorney for the United States Attorney's Office and the United States Attorney for the District of Massachusetts. (SF) (Entered: 04/02/2026)

#6

Apr 02, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 ORDER CONCERNING STAY OF TRANSFER OR REMOVAL, 5 SERVICE ORDER, mailed to all respondents on 4/2/2026. (JB) (Entered: 04/02/2026)

Apr 02, 2026

Copy Mailed

Apr 02, 2026

Order

Apr 02, 2026

Notice of Case Assignment

#7

Apr 03, 2026

Notice of Appearance

#8

Apr 06, 2026

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

#9

Apr 07, 2026

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered. The Court hereby orders this case transferred to the Western District of Texas. Petitioner has been detained by U.S. Immigration and Customs Enforcement at the El Paso Behavioral Health System ("EPBHS") in El Paso, Texas since February 5, 2026. [ECF No. 8 at 2]. Petitioner filed this habeas petition on April 1, 2026. [ECF No. 1]. The federal habeas statute provides that the proper respondent to a habeas petition is "the person who has custody over [the petitioner]." 28 U.S.C. § 2242. In general, there is only one proper respondent for a habeas petition, which is the immediate custodian who has "the ability to produce the prisoner's body before the habeas court." Rumsfeld v. Padilla, 542 U.S. 426, 434-35 (2004) (quoting 28 U.S.C. § 2242). A district court must have jurisdiction over the custodian of the petitioner. See Vasquez v. Reno, 233 F.3d 688, 695 (1st Cir. 2000). A supervisory officer, such as the Boston ICE FOD is not the immediate custodian in this case. See Duy Tho Hy v. Gillen, 588 F.Supp. 2d 122, 124-25 (D. Mass. 2008) (holding that the ICE FOD was not a proper party because the Boston FOD "does not exercise 'day-to-day' control over [p]etitioner"). The Petitioner's immediate custodian appears to be EPBHS's Chief Executive Officer Jennifer Castaneda. [ECF No. 8 at 8]. Because Petitioner was not physically detained in this district at the time of filing her habeas petition and because her immediate custodian was not in Massachusetts at time of filing, this Court lacks jurisdiction to consider her Petition. See Rumsfeld, 542 U.S. at 434-35; see also Ozturk v. Trump, 777 F.Supp. 3d 26, 43 (D. Mass. 2025). Therefore, with the consent of Respondents, this Court must transfer the Petition to the appropriate jurisdiction for adjudication. [ECF No. 8 at 4 ("Respondents... do not oppose transfer of this Petition to the district of her confinement, the Western District of Texas, where she will be free to pursue her claims challenging her ICE custody.")]. (SF) (Entered: 04/07/2026)

Apr 07, 2026

Order

Apr 08, 2026

Case Transferred Out - District Transfer