District of Massachusetts • 1:26-cv-12690

De Los Santos Lopez v. Wesling

Completed

Case Information

Filed: June 14, 2026
Assigned to: Leo Theodore Sorokin
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: June 25, 2026
Last Activity: June 25, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 14, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11816446 Fee status: Filing Fee paid., filed by Charina De Los Santos Lopez. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Freidel, Irene) (Entered: 06/14/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jun 14, 2026
Judge Indira Talwani: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (MC) (Entered: 06/14/2026)
Main Document: Emergency Order Concerning Stay of Transfer or Removal
#3
Jun 14, 2026
NOTICE by David Wesling re 2 EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL Place of Confinement (Tolkoff, Benjamin) (Entered: 06/14/2026)
Main Document: Notice - Other
#4
Jun 15, 2026
Response by Charina De Los Santos Lopez to 3 Notice (Other) Regarding Place of Confinement. (Attachments: # 1 Exhibit 1)(Freidel, Irene) (Entered: 06/15/2026)
Main Document: Response - not related to a motion
#5
Jun 15, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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 Jennifer C. Boal. (SP) (Entered: 06/15/2026)
#6
Jun 15, 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). (FGD) (Entered: 06/15/2026)
Main Document: General Order 19-02
#7
Jun 15, 2026
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Respondents shall file a response to the petition by Thursday, June 18, 2026, which shall include an affidavit supporting the facts set out in their notice, Doc. No. 3, along with any supporting documentation. Also by June 18, the parties shall file a joint status report setting out their positions as to whether this Court has jurisdiction over the petition or whether this matter should be transferred to the District of New Hampshire.(FGD) (Entered: 06/15/2026)
#8
Jun 15, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 7 Order, emailed to Duty AUSA and mailed to Respondents and USAO on 6/15/2026. (FGD) (Entered: 06/15/2026)
#9
Jun 15, 2026
NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Markwayne Mullin, David Venturella, David Wesling (McMahon, Erica) (Entered: 06/15/2026)
Main Document: Notice of Appearance
Jun 15, 2026
Notice of Case Assignment
Jun 15, 2026
Copy Mailed
Jun 15, 2026
Order AND ~Util - Set Deadlines
#10
Jun 17, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#11
Jun 18, 2026
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 10 RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241).Respondents filed an affidavit that describes the timeline of Petitioner’s transfer to New Hampshire, Doc. No. 10-1 ¶ 17, but they did not file any documentation supporting those facts as required by the Court’s prior order, Doc. No. 7. By Thursday, June 25, 2026, Respondents shall file either that supporting documentation, as previously ordered, or a notice that no such documentation exists. By Thursday, June 25, 2026, Petitioner shall file (1) a statement of the basis for her assertion that this Court has jurisdiction, Doc. No. 10 at 3 n.2, and (2) her reply to the merits of Respondents’ position. (FGD) (Entered: 06/18/2026)
Jun 18, 2026
Order
#12
Jun 23, 2026
Response - not related to a motion
Main Document: Response - not related to a motion
#13
Jun 23, 2026
Affidavit
Main Document: Affidavit
#14
Jun 25, 2026
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. This action began with the filing of a habeas petition shortly before 5 PM on Sunday, June 14, 2026. Doc. No. 1. Within minutes, an emergency order staying the petitioner’s transfer out of Massachusetts issued. Doc. No. 2. About an hour and a half later, the respondents notified the Court pursuant to that emergency order that the petitioner had been transferred to a detention facility located in New Hampshire, having left Massachusetts and arrived in New Hampshire before the petition was filed. Doc. No. 3. The petitioner has not disputed the timing of her move to New Hampshire, though she has urged the Court to find it nevertheless has jurisdiction to resolve the petition based on her lawyer’s inability to learn of her location before filing this action. See Doc. Nos. 4, 12, 13. The respondents urge the Court to transfer the matter to New Hampshire, where the petitioner and her immediate custodian are located now and were located at the time of filing. See Doc. No. 10. Having carefully considered the parties’ competing positions regarding jurisdiction, the Court finds the circumstances presented do not warrant departing from the default rule that a habeas petition must be filed in the district where the petitioner is confined at the time of filing. Accordingly, it is hereby ORDERED that this action shall be TRANSFERRED to the United States District Court for the District of New Hampshire. The Court notes that the merits of the petition are fully briefed and ripe for resolution, and the petitioner’s papers advance meaningful equitable arguments that merit expedited consideration, upon transfer. (SED) (Entered: 06/25/2026)
#15
Jun 25, 2026
Case transferred to to District of New Hampshire;. Original file certified copy of transfer order and docket sheet sent to Clerk in that district. (SED) (Entered: 06/25/2026)
#16
Jun 25, 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-00527. (SVC2) (Entered: 06/25/2026)
#17
Jun 25, 2026
Response to Court Order
Main Document: Response to Court Order
Jun 25, 2026
Case Transferred Out - District Transfer
Jun 25, 2026
Order

Parties

De Los Santos Lopez
Party
Wesling
Party