District of Maine • 2:26-cv-00354

#1

Jul 09, 2026

PETITION for Writ of Habeas Corpus, filed at 4:19 p.m. by JIMMY GASINGA.(mmy) Modified on 7/9/2026 to add filing time and attach filing email (mmy). (Additional attachment(s) added on 7/9/2026: # 1 Email Containing Document(s) for Filing) (mmy) (Entered: 07/09/2026)

#2

Jul 09, 2026

CIVIL COVER SHEET. (mmy) (Entered: 07/09/2026)

#3

Jul 09, 2026

EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL By JUDGE STACEY D. NEUMANN. (mmy) (Entered: 07/09/2026)

#4

Jul 09, 2026

ORDER TO SHOW CAUSE re: Petition for Writ of Habeas Corpus 1 Show Cause Response due by 3 p.m. on 7/10/2026. By JUDGE STACEY D. NEUMANN. (DEBW) (Entered: 07/09/2026)

Jul 09, 2026

Set Deadlines: Payment of Filing Fee due by 7/13/2026. (mmy)

Jul 09, 2026

FEE PAID: Habeas Corpus Filing Fee (Amount Paid $5 receipt number AMEDC-3319734). (BINCZYK, PAWEL)

Jul 09, 2026

Set Deadlines as to 4 ORDER TO SHOW CAUSE In accordance with the Order to Show Cause filed on 7/9/2026: Response due by 3:00 PM on 7/10/2026. (mjlt)

#5

Jul 10, 2026

ANSWER/RESPONSE/REQUEST FOR DISMISSAL OF 4 ORDER TO ANSWER, 1 PETITION for Writ of Habeas Corpus filed by JIMMY GASINGA. filed by TODD BLANCHE, EXECUTIVE OFFICE OF IMMIGRATION REVIEW, PATRICIA H HYDE, TODD LYONS, MARKWAYNE MULLIN, STATES DEPARTMENT OF HOMELAND SECURITY. Reply due by 8/10/2026. (Attachments: # 1 Exhibit A - Transportation Logs, # 2 Exhibit B - Arrest Warrant, # 3 Exhibit C - Notice of Custody Determination, # 4 Exhibit D - Notice to Appear)(CONCANNON, JAMES) (Entered: 07/10/2026)

#6

Jul 10, 2026

ORDER re: 1 Petition for Writ of Habeas Corpus: Pursuant to the Government's representations in its response to the show cause order [ECF No. 5], the Court lacks habeas jurisdiction over this action because Mr. Gasinga was not within the territorial jurisdiction of this Court when he filed the Petition. "District courts are limited to granting habeas relief 'within their respective jurisdictions.' " Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004) (quoting 28 U.S.C. § 2241(a)). Accordingly, in the usual case, "in challenges to present physical confinement... the immediate custodian, not a supervisory official who exercises legal control, is the proper respondent." Id. at 439. In such cases, "[b]y definition, the immediate custodian and the prisoner reside in the same [judicial] district," making the district of confinement... synonymous with the district court that has territorial jurisdiction over the proper respondent." Id. at 444. Thus, "the general rule [is] that for core habeas petitions challenging present physical confinement, jurisdiction lies in only one district: the district of confinement." Id. at 443. Because Mr. Gasinga was in New Hampshire at the time this petition was filed, and has since been transferred to Massachusetts, his habeas petition is more appropriately directed toward his current district of confinement. The habeas petition [ECF No. 1] is DISMISSED without prejudice for lack of jurisdiction. By JUDGE STACEY D. NEUMANN. (mjlt) (Entered: 07/10/2026)

#7

Jul 10, 2026

JUDGMENT By DEPUTY CLERK: Michelle Thibodeau. (mjlt) (Entered: 07/10/2026)

Jul 10, 2026

Order on Petition for Writ of Habeas Corpus