District of New Hampshire • 1:26-cv-00490

Guchiev v. FCI Berlin, Warden

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Case Information

Filed: June 11, 2026
Assigned to: Landya B. McCafferty
Referred to: Talesha L. Saint-Marc
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: July 28, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 11, 2026
NEW CASE/PETITION FOR WRIT OF HABEAS CORPUS 2241/2254. (Filing fee $ 5, receipt number ANHDC-2809991.) filed by DENI GUCHIEV. (Attachments: # 1 Exhibit A, Custody and Facility Records, # 2 Exhibit B, DHS Notice of Respondent's Ineligibility for Bond, # 3 Exhibit C, Immigration Judge Custody Redetermination Order, # 4 Exhibit D, I-94 Arrival/Departure Record, # 5 Exhibit E, Notice to Appear, # 6 Exhibit F, Form I-213, # 7 Civil Cover Sheet)(Ladebush, Branden) (Entered: 06/11/2026)
Main Document: Petition for Writ of Habeas Corpus 2241/2254 - New Case
#2
Jun 11, 2026
MOTION for Leave to File First Amended Emergency Verified Petition for Writ of Habeas Corpus filed by Deni Guchiev.Follow up on Objection on 6/25/2026. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit A, Amended Petition, # 2 Exhibit B, ICE Detainee Locator)(Ladebush, Branden) (Entered: 06/11/2026)
Main Document: Leave to File
Jun 11, 2026
Case assigned to Judge Landya B. McCafferty and US Magistrate Judge Talesha L. Saint-Marc. The case designation is: 1:26-cv-490-LM-TSM. Please show this number with the judge designation on all future pleadings. (mc)
Jun 11, 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)
#3
Jun 12, 2026
ORDER Directing Clerk to Make Service. ORDER granting 2 Motion for Leave to File Amended Emergency Verified Petition for Writ of Habeas Corpus. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(lw) (Entered: 06/12/2026)
Main Document: Order AND Order Directing Service AND ~Util - Set Deadlines
Jun 12, 2026
Case Assigned
Jun 12, 2026
Notice of Filing to USA - 2255/2241
Jun 12, 2026
Notice - ECF
Jun 12, 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)
Jun 12, 2026
Clerk Service
Jun 12, 2026
SERVICE BY CLERK: Copy of service order and petition emailed immediately to Civil Bureau Chief of the Office of U.S. Attorney for District of N.H. and SCDC Superintendent and copy sent to Civil Process Clerk, U.S. Attorney for the District of N.H. Copies mailed via certified mail, return receipt requested to US Attorney General, US Immigration and Customs Enforcement, Acting Director per 3 Order Directing Service.(lw)
#4
Jun 13, 2026
RESPONSE re 3 Order Directing Service,, Set Deadlines filed by US Attorney General, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement and Removal Operations, Field Office Director, US Immigration and Customs Enforcement, Acting Director. Attorney Bridget Davidson added to party US Attorney General(pty:dft), Attorney Bridget Davidson added to party US Department of Homeland Security, Secretary(pty:dft), Attorney Bridget Davidson added to party US Immigration and Customs Enforcement and Removal Operations, Field Office Director(pty:dft), Attorney Bridget Davidson added to party US Immigration and Customs Enforcement, Acting Director(pty:dft). (Davidson, Bridget) (Entered: 06/13/2026)
Main Document: Response - not to Motion
Jun 15, 2026
ENDORSED ORDER Text of Order: Respondents agree that the petitioner is entitled to a bond hearing as a matter of due process if the court applies Judge Elliott's reasoning in Destino v. FCI Berlin, Warden, Civ. no. 25-cv-374-SE-AJ, 2025 WL 4010424 (D.N.H. Dec. 24, 2025). The court finds Destino persuasive and applies it. The petition is therefore granted. Respondents are ordered to provide the petitioner with a constitutionally adequate bond hearing before an IJ within 7 days. Because petitioner is entitled to a bond hearing as a matter of due process, the IJ shall have authority to consider the petitioner's release regardless of whether he is subject to mandatory detention as a statutory matter. Within 24 hours of the bond hearing, the government shall file a status report notifying the court of the hearing's result. So Ordered by Judge Landya B. McCafferty.(vln)
Jun 15, 2026
Order
#5
Jun 18, 2026
Attorney Appearance
Main Document: Attorney Appearance
#6
Jun 18, 2026
Status Report
Main Document: Status Report
Jun 22, 2026
~Util - Set Deadlines
#7
Jul 16, 2026
Return of Service Executed as to USA/SSA
Main Document: Return of Service Executed as to USA/SSA
#8
Jul 28, 2026
Judgment
Main Document: Judgment