District of Massachusetts • 1:26-cv-12001

Luzolo v. Wesling

Completed

Case Information

Filed: May 04, 2026
Assigned to: Brian E. Murphy
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: May 05, 2026
Last Activity: May 05, 2026
Parties: View All Parties →

Docket Entries

#1
May 04, 2026
Emergency PETITION for Writ of Habeas Corpus (2241), filed by Alexandre Luzolo. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1)(MAC) (Entered: 05/04/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
May 04, 2026
Emergency MOTION for Temporary Restraining Order Staying Removal and Prohibiting Transfer Outside the District by Alexandre Luzolo. (Attachments: # 1 Proposed Order)(MAC) (Entered: 05/04/2026)
Main Document: Temporary Restraining Order
#3
May 04, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Brian E. Murphy 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) (Entered: 05/04/2026)
#4
May 04, 2026
Filing fee/payment: $ 5.00, receipt number 100015316 for 1 Petition for Writ of Habeas Corpus (2241) (NVB) (Entered: 05/04/2026)
#5
May 04, 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). (MBM) (Entered: 05/04/2026)
Main Document: General Order 19-02
#6
May 04, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. “[A] prisoner’s transfer after a district court’s jurisdiction attaches does not defeat jurisdiction over a habeas corpus petitioner as long as there remains in the district a respondent who can effectuate any court order.” Yancey v. Warden, FMC Devens, 682 F. Supp. 3d 97, 100 (D. Mass. 2023); see also Ex parte Endo, 323 U.S. 283, 304-06 (1944). Accordingly, Petitioner is directed to show cause by 4:00 p.m. today for why he is not seeking this relief in the District of New Hampshire, where he has already sought habeas relief and which is continuing to exercise jurisdiction over his case. See Luzolo v. Strafford Cnty. Dep’t of Corrs., No. 1:26-cv-00251-SE-AJ.(MBM) (Entered: 05/04/2026)
#7
May 04, 2026
Copy re 6 Order mailed to Alexandre Luzolo on 5/4/2026. (MBM) (Entered: 05/04/2026)
May 04, 2026
Filing Fee/Payment Received
May 04, 2026
Order
May 04, 2026
Notice of Case Assignment
May 04, 2026
Copy Mailed
#8
May 05, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. Petitioner has been in continuous immigration detention since October 28, 2025. Dkt. 1 at 2. Petitioner was, until recently, detained in Strafford County Department of Corrections in New Hampshire, where he first sought habeas relief. See Luzolo v. Strafford Cnty. Dep’t of Corrs., No. 1:26-cv-00251-SE-AJ. On May 3, 2026, seemingly in violation of the District of New Hampshire court’s order requiring advanced notice before transfer, id. (Dkt. 3 and April 3, 2026 Endorsed Order), Petitioner was transferred to a detention facility in Boston, Massachusetts, Dkt. 1 at 2. Petitioner then filed a habeas petition and a motion for a temporary restraining order in this Court. Dkts. 1, 2 . “[A] prisoner’s transfer after a district court’s jurisdiction attaches does not defeat jurisdiction over a habeas corpus petitioner as long as there remains in the district a respondent who can effectuate any court order.” Yancey v. Warden, FMC Devens, 682 F. Supp. 3d 97, 100 (D. Mass. 2023); see also Ex parte Endo, 323 U.S. 283, 304-06 (1944). Accordingly, the District of New Hampshire retains jurisdiction over Petitioner. This Court is authorized to “transfer any civil action to any other district or division where it might have been brought” when “in the interest of justice.” 28 U.S.C. s. 1404(a); see also 28 U.S.C. s. 1406 (permitting a court to transfer a case to cure jurisdictional defects); 28 U.S.C. s. 1631 (permitting a court to transfer a case to cure jurisdictional defects). In the interests of judicial economy, the Court hereby TRANSFERS this action to the District of New Hampshire to be designated as related to Case No. 1:26-cv-00251-SE-AJ pursuant to U.S. District Court for the District of New Hampshire Local Rule 42.1.(MBM) (Entered: 05/05/2026)
#9
May 05, 2026
Case file sent to the District of New Hampshire. (MBM) (Entered: 05/05/2026)
#10
May 05, 2026
Copy re 8 Order mailed to Alexandre Luzolo on 5/5/2026. (MBM) (Entered: 05/05/2026)
#11
May 05, 2026
Electronic notice to counsel: This civil action has been transferred to the District of New Hampshire and assigned civil case number 1:26-cv-00338. (SVC2) (Entered: 05/05/2026)
May 05, 2026
Order
May 05, 2026
Copy Mailed
May 05, 2026
Case file sent