District of New Hampshire • 1:26-cv-00411

#1

May 21, 2026

NEW CASE/PETITION FOR WRIT OF HABEAS CORPUS 2241/2254. (Filing fee $ 5, receipt number ANHDC-2797796.) filed by Silvair De Souza. (Attachments: # 1 Civil Cover Sheet)(Somma, Christopher) (Entered: 05/21/2026)

May 21, 2026

NOTICE of ECF Filing Error re: 1 Petition for Writ of Habeas Corpus - New Case filed by Silvair De Souza. Incomplete filing. No Judicial Action will be taken until counsel files the appropriate documentation. (mc)

#2

May 22, 2026

NEW CASE/PETITION FOR WRIT OF HABEAS CORPUS 2241/2254. (Filing fee $ 5, receipt number ANHDC-2798298.) filed by Silvair De Souza.(Somma, Christopher) (Entered: 05/22/2026)

#3

May 22, 2026

ORDER Directing Clerk to Make Service. The Federal Respondents are ORDERED to file a response to the Petition (Doc. No. 2) no later than 2:00 p.m. on Saturday, May 23, 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 Federal Respondents are further ORDERED to show cause, no later than 2:00 p.m. on Monday, May 25, 2026, why the court should not grant the Petition. Any party may request a status conference at any time, including before service on Respondents is complete. 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 court's jurisdiction. So Ordered by Magistrate Judge Andrea K. Johnstone. (de) (Entered: 05/22/2026)

#4

May 22, 2026

NOTICE of Attorney Appearance by Jesse L. Renauld-Smith on behalf of FCI Berlin, Warden, US Department of Homeland Security, US Immigration and Customs Enforcement, Boston Field Office Director, US Immigration and Customs Enforcement, Director Attorney Jesse L. Renauld-Smith added to party FCI Berlin, Warden(pty:dft), Attorney Jesse L. Renauld-Smith added to party US Department of Homeland Security(pty:dft), Attorney Jesse L. Renauld-Smith added to party US Immigration and Customs Enforcement, Boston Field Office Director(pty:dft), Attorney Jesse L. Renauld-Smith added to party US Immigration and Customs Enforcement, Director(pty:dft).(Renauld-Smith, Jesse) (Entered: 05/22/2026)

#5

May 22, 2026

RESPONSE to 3 Order Directing Service,,, filed by FCI Berlin, Warden, US Department of Homeland Security, US Immigration and Customs Enforcement, Boston Field Office Director, US Immigration and Customs Enforcement, Director. (Renauld-Smith, Jesse) (Entered: 05/22/2026)

May 22, 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)

May 22, 2026

Case assigned to Judge Landya B. McCafferty and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:26-cv-411-LM-AJ. Please show this number with the judge designation on all future pleadings. (mc)

May 22, 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)

May 22, 2026

Notice of Filing to USA - 2255/2241

May 22, 2026

Notice - ECF

May 22, 2026

Duplicate Payment

May 22, 2026

ECF - Filing Error - Action Required

May 22, 2026

NOTICE OF DUPLICATE PAYMENT: Silvair De Souza submitted a duplicate payment in the amount of 5.00, receipt no. ANHDC-2798298, re 2 Petition for Writ of Habeas Corpus - New Case. To request a refund, the filer shall complete the Request for Refund Form available on the court's website and submit it to the clerk's office either via email or conventionally in paper.(mc)

May 22, 2026

Case Assigned

#6

May 23, 2026

Status Report

May 23, 2026

ENDORSED ORDER 1 Text of Order: The government does not dispute that the petitioner is a member of the class certified in Guerrero Orellana v. Moniz. Therefore, the court grants the habeas petition as to Count I because petitioner's detention in the absence of a bond hearing is unlawful. As petitioner is unlawfully detained and given the allegations of the petition, the court orders that petitioner be IMMEDIATELY RELEASED. See Boumediene v. Bush, 553 U.S. 723, 779 (2008) (explaining that habeas corpus is an "adaptable remedy" whose "precise application and scope change[s] depending upon the circumstances," but in all cases the court "must have the power to order the conditional release of an individual unlawfully detained"). The government may not redetain petitioner unless it establishes at a constitutionally adequate 1226(a) hearing that petitioner is dangerous by clear and convincing evidence or a flight risk by a preponderance of the evidence. Any such bond hearing must occur before petitioner is taken back into custody. The government shall submit a status report confirming petitioner's release from custody by 2:00 p.m. on May 24, 2026. So Ordered by Judge Landya B. McCafferty. (gla)

May 23, 2026

Order

May 25, 2026

Clerk Service