District of New Hampshire • 1:26-cv-00527

De Los Santos Lopez v. Wesling

Active

Case Information

Filed: June 25, 2026
Assigned to: Joseph Normand Laplante
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: July 08, 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)[Transferred from mad on 6/25/2026.] (Entered: 06/14/2026)
Main Document: PETITION
#2
Jun 14, 2026
Judge Indira Talwani: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (MC) [Transferred from mad on 6/25/2026.] (Entered: 06/14/2026)
Main Document: Judge
#3
Jun 14, 2026
NOTICE by David Wesling re 2 EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL Place of Confinement (Tolkoff, Benjamin) [Transferred from mad on 6/25/2026.] (Entered: 06/14/2026)
Main Document: NOTICE
#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) [Transferred from mad on 6/25/2026.] (Entered: 06/15/2026)
Main Document: Response
#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) [Transferred from mad on 6/25/2026.] (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) [Transferred from mad on 6/25/2026.] (Entered: 06/15/2026)
Main Document: General
#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) [Transferred from mad on 6/25/2026.] (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) [Transferred from mad on 6/25/2026.] (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) [Transferred from mad on 6/25/2026.] (Entered: 06/15/2026)
Main Document: NOTICE
#10
Jun 17, 2026
RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241) by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(McMahon, Erica) [Transferred from mad on 6/25/2026.] (Entered: 06/17/2026)
Main Document: RESPONSE/ANSWER
#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) [Transferred from mad on 6/25/2026.] (Entered: 06/18/2026)
#12
Jun 23, 2026
Response by Charina De Los Santos Lopez to 10 Response to Petition for Writ of Habeas Corpus - 2241, (Reply in Support of Petition). (Freidel, Irene) [Transferred from mad on 6/25/2026.] (Entered: 06/23/2026)
Main Document: Response
#13
Jun 23, 2026
AFFIDAVIT of Irene C. Freidel re 12 Response in Support of Habeas Petition by Charina De Los Santos Lopez. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit)(Freidel, Irene) [Transferred from mad on 6/25/2026.] (Entered: 06/23/2026)
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) [Transferred from mad on 6/25/2026.] (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) [Transferred from mad on 6/25/2026.] (Entered: 06/25/2026)
#16
Jun 25, 2026
Case transferred in from District of Massachusetts; Case Number: 1:26-cv-12690. Original file certified copy of transfer order and docket sheet received (Entered: 06/25/2026)
Main Document: Case Transferred In - District Transfer
#17
Jun 25, 2026
PROCEDURAL ORDER IN TRANSFERRED CASE. ORDER Signed by Tracy A. Uhrin, Clerk of Court.Compliance Deadline set for 7/27/2026.(mc) (Entered: 06/25/2026)
Main Document: Transfer Case Procedural Order In
#18
Jun 25, 2026
ORDER ENTERED: The Court requires sufficient time to consider the petition for habeas corpus filed pursuant to 28 U.S.C. § 2241. Consequently, the respondents shall not remove or transfer the petitioner outside of the District of New Hampshire unless they provide this Court with notice at least seventy-two hours in advance of any such removal or transfer. At least twenty-four of the seventy-two hours must fall on a day during which the court is in session. Such notice shall: 1. be filed in writing on the docket of this proceeding; 2. state the reason for the necessity of such action; and 3. state why the move should not be stayed pending further court proceedings. Notice of a petitioner's release from custody may be provided after the fact. So Ordered by Judge Joseph N. Laplante.(mc) (Entered: 06/25/2026)
Main Document: Alien Detainee Order
#19
Jun 25, 2026
ORDER Directing Clerk to Make Service. So Ordered by US Magistrate Judge Andrea K. Johnstone.(jwb) (Entered: 06/25/2026)
Main Document: Order Directing Service
Jun 25, 2026
SERVICE BY CLERK: Copies electronically mailed and mailed via certified mail, return receipt requested to Strafford County Department of Corrections, Superintendent, US Attorney General, Director, Boston Field Office, U.S. Immigration and Customs Enforcement per 19 Order Directing Service.(jwb)
Jun 25, 2026
ORDER REGARDING VISITING ATTORNEY: The Local Rules for the District of New Hampshire provide that an attorney may, at the discretion of the court, on motion by a member of our bar, be permitted to practice before this court in a particular action. Any attorney so admitted shall at all times be associated with a member of the bar of this court. Our records indicate that no motion(s) for pro hac vice admission of Irene C. Freidel, Esq. has/have been received. Unless said motion(s) with the required fee is/are filed within thirty (30) days, the case may be referred to a judicial officer for appropriate action. ORDER Signed by Tracy A. Uhrin, Clerk of Court.Compliance Deadline set for 7/27/2026.(mc)
Jun 25, 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)
Jun 25, 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 25, 2026
Case assigned to Judge Joseph N. Laplante and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:26-cv-527-JL-AJ. Please show this number with the judge designation on all future pleadings. (mc)
Jun 25, 2026
Clerk Service
Jun 25, 2026
Case Assigned
Jun 25, 2026
Notice - ECF
Jun 25, 2026
Notice of Filing to USA - 2255/2241
Jun 25, 2026
Local Counsel Order
Jun 25, 2026
Order
Jun 25, 2026
Case Transferred Out - District Transfer
#20
Jun 26, 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: 06/26/2026)
Main Document: Attorney Appearance
#21
Jun 26, 2026
///SUMMMARY ORDER FOR BOND HEARING RE 1 Petition for Writ of Habeas Corpus - 2241. So Ordered by Judge Joseph N. Laplante.(jwb) (Entered: 06/26/2026)
Main Document: Order AND ~Util - Set Deadlines
#22
Jun 29, 2026
Attorney Appearance
Main Document: Attorney Appearance
#23
Jul 08, 2026
Status Report
Main Document: Status Report
Jul 08, 2026
Endorsed Order - not on motion AND ~Util - Set Deadlines

Parties

De Los Santos Lopez
Party
Wesling
Party