District of New Hampshire • 1:26-cv-00251
Luzolo v. Strafford County Department of Corrections, Superintendent
Active
Case Information
Filed: April 01, 2026
Assigned to:
Samantha D. Elliott
Referred to:
Andrea K. Johnstone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity:
May 18, 2026
Parties:
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Docket Entries
#1
Apr 01, 2026
Petition for Writ of Habeas Corpus under 28 USC 2241 filed by Alexandre Luzolo (Filing fee $ 5 receipt number 2740). (Attachments: # 1 Memo In Support, # 2 Civil Cover Sheet, # 3 Summons) (mc) (Entered: 04/01/2026)
Main Document:
Petition for Writ of Habeas Corpus-2241
#2
Apr 01, 2026
EMERGENCY MOTION for Temporary Restraining Order Preventing Removal Pending Habeas Adjudication filed by Alexandre Luzolo.(mc) (Entered: 04/01/2026)
Main Document:
Temporary Restraining Order
#3
Apr 01, 2026
ORDER Directing Clerk to Make Service. So Ordered by US Magistrate Judge Andrea K Johnstone.(vln) (Entered: 04/01/2026)
Main Document:
Order Directing Service
#4
Apr 01, 2026
NOTICE of Attorney Appearance by Emily Conant on behalf of Strafford County Department of Corrections, Superintendent Christopher Brackett Attorney Emily Conant added to party Strafford County Department of Corrections, Superintendent(pty:res).(Conant, Emily) (Entered: 04/01/2026)
Main Document:
Attorney Appearance
#5
Apr 01, 2026
NOTICE of Attorney Appearance by Anna Dronzek on behalf of US Attorney General, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement, Acting Director Attorney Anna Dronzek added to party US Attorney General(pty:res), Attorney Anna Dronzek added to party US Department of Homeland Security, Secretary(pty:res), Attorney Anna Dronzek added to party US Immigration and Customs Enforcement, Acting Director(pty:res).(Dronzek, Anna) (Entered: 04/01/2026)
Main Document:
Attorney Appearance
Apr 01, 2026
Case Assigned
Apr 01, 2026
Notice of Filing to USA - 2255/2241
Apr 01, 2026
SERVICE BY CLERK: Copies mailed via certified mail, return receipt requested to Strafford County Department of Corrections, Superintendent per 3 Order Directing Service.(vln)
Apr 01, 2026
Notice - ECF
Apr 01, 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)
Apr 01, 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)
Apr 01, 2026
Case assigned to Chief District Judge Samantha D. Elliott and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:26-cv-251-SE-AJ. Please show this number with the judge designation on all future pleadings. (mc)
Apr 01, 2026
Clerk Service
Apr 03, 2026
ENDORSED ORDER denying without prejudice 2 Motion for Temporary Restraining Order. Text of Order: The petitioner's motion for a temporary restraining order preventing removal from the United States pending adjudication of his habeas petition (doc. no 2) is denied without prejudice. The petitioner has not established that the court has jurisdiction to issue such an order. Nor has he established that he will suffer irreparable harm in the absence of an injunction. See Ryan v. U.S. Immigr. & Customs Enft, 974 F.3d 9, 18 (1st Cir. 2020). In fact, his habeas petition is premised, in part, upon his allegation that his removal is not reasonably foreseeable. The court notes that the order directing service (doc. no. 3) requires the respondents to provide the court with at least 72 hours of advance notice of any scheduled removal or transfer out of this court's jurisdiction. So Ordered by Chief District Judge Samantha D. Elliott.(vln)
Apr 06, 2026
Order on Motion for TRO
#6
Apr 09, 2026
Notice - Other
Main Document:
Notice - Other
#7
Apr 10, 2026
Objection not to motion
Main Document:
Objection not to motion
Apr 14, 2026
ENDORSED ORDER : Given the respondents' representation in their Notice of Intent to Remove Petitioner that they have secured a travel document for the petitioner to Angola and "intend[] to schedule and effect his removal at the soonest opportunity," doc. no. 6, it appears that the petitioner is not presently entitled to release under Zadvydas v. Davis, 533 U.S. 678, 701 (2001). However, if it turns out that the respondents are unable to remove the petitioner "at the soonest opportunity," within 14 days, then the court invites the petitioner to file a motion to renew his Zadvydas claim. The respondents are ordered to provide a status report within seven days, on or before April 21, 2026. So Ordered by Chief District Judge Samantha D. Elliott.(vln)
Apr 14, 2026
Order AND ~Util - Set Deadlines
#8
Apr 15, 2026
Temporary Restraining Order
Main Document:
Temporary Restraining Order
Apr 15, 2026
ENDORSED ORDER denying without prejudice 8 RENEWED Motion for Temporary Restraining Order. Text of Order: On April 14, 2026, the court issued an endorsed order because it appears that the petitioner is not presently entitled to release under Zadvydas v. Davis, 533 U.S. 678, 701 (2001). Unbeknownst to the court, the petitioner had filed a Renewed Emergency Motion for Temporary Restraining Order (doc. no. 8) on April 13, 2026, which had not yet been docketed. The court now denies that motion without prejudice. When a court evaluates a motion for a temporary restraining order, the petitioner's likelihood of success on the merits "normally weighs heaviest in the decisional scales." Coquico, Inc. v. Rodriguez-Miranda, 562 F.3d 62, 66 (1st Cir. 2009). Though the renewed motion does not address the petitioner's likelihood of success on the merits of his claims, it is apparent that the petitioner cannot carry his burden. The parties agree that the petitioner's removal is imminent. Thus, he cannot prevail under Zadvydas. Moreover, his detention is governed by 8 U.S.C. § 1231 and he does not allege that he was denied the process due under the statute. The court notes that an out-of-state attorney must seek admission pro hac vice to practice before this court. So Ordered by Chief District Judge Samantha D. Elliott.(vln)
Apr 15, 2026
Order on Motion for TRO
#9
Apr 17, 2026
Status Report
Main Document:
Status Report
#10
Apr 20, 2026
Certificate of Service
Main Document:
Certificate of Service
Apr 24, 2026
Order AND ~Util - Set Deadlines
#11
May 05, 2026
Consolidation Potential Notice
Main Document:
Consolidation Potential Notice
#12
May 11, 2026
Status Report
Main Document:
Status Report
May 18, 2026
Endorsed Order - not on motion AND ~Util - Set Deadlines
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