Completed
Case Information
Filed: August 27, 2026
Assigned to:
Brian E. Murphy
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: September 01, 2026
Last Activity:
September 01, 2026
Parties:
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Docket Entries
#1
Aug 27, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11989498 Fee status: Filing Fee paid., filed by Marcelo Ortega Namina. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Cornish, Carin) (Entered: 08/27/2026)
Main Document:
Petition for Writ of Habeas Corpus - 2241
#2
Aug 27, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Brian E. Murphy 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. (JKK) (Entered: 08/27/2026)
#3
Aug 27, 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). (MBM) (Entered: 08/27/2026)
Main Document:
General Order 19-02
#4
Aug 27, 2026
Judge Brian E. Murphy: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL.Respondents shall determine whether Petitioner is a member of the class certified in Guerrero Orellana v. Moniz, No. 25-CV-12664-PBS (D. Mass.), and notify the Court no later than 1:00 p.m. on Monday, August 31, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Thursday, September 3, 2026.(MBM) (Entered: 08/27/2026)
Main Document:
Service Order-2241 Petition
#5
Aug 27, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA Lindsey Ross and mailed to all respondents on 8/27/2026. (MBM) (Entered: 08/27/2026)
Aug 27, 2026
Copy Mailed
Aug 27, 2026
Notice of Case Assignment
#6
Aug 31, 2026
NOTICE of Appearance by Vincent Engingro, III on behalf of Todd Blanche, Markwayne Mullin, David Venturella, David Wesling (Engingro, Vincent) (Entered: 08/31/2026)
Main Document:
Notice of Appearance
#7
Aug 31, 2026
MOTION for Extension of Time to September 3, 2026 to File Response/Reply as to 1 Petition for Writ of Habeas Corpus (2241) by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling.(Engingro, Vincent) (Entered: 08/31/2026)
Main Document:
Extension of Time to File Response/Reply
#8
Aug 31, 2026
MOTION to Enforce Judgment by Marcelo Ortega Namina.(Cornish, Carin) (Entered: 08/31/2026)
Main Document:
Enforce Judgment
#9
Aug 31, 2026
CERTIFICATE OF SERVICE pursuant to LR 5.2 by Marcelo Ortega Namina re 8 MOTION to Enforce Judgment . (Cornish, Carin) (Entered: 08/31/2026)
Main Document:
Certificate of Service pursuant to LR 5.2
#10
Aug 31, 2026
RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241) and Motion to Transfer by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling. (Engingro, Vincent) (Entered: 08/31/2026)
Main Document:
Answer/Response to Petition for Writ of Habeas Corpus - 2241
#11
Aug 31, 2026
AFFIDAVIT in Support re 8 MOTION to Enforce Judgment filed by Marcelo Ortega Namina. (Cornish, Carin) (Entered: 08/31/2026)
Main Document:
Affidavit in Support of Motion
#12
Aug 31, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. In light of the dispute regarding the timeline on which Petitioner was transferred from this District to New Hampshire, compare Dkt. 10 at 1 with Dkt. 11 at 2, Respondents are ORDERED to provide a sworn affidavit on or before 12:00 p.m. on Tuesday, September 1, 2026, detailing the timeline of Petitioner's transfer from this District to Strafford Correctional Facility. (BEL) (Entered: 08/31/2026)
Aug 31, 2026
Order
#13
Sep 01, 2026
RESPONSE TO COURT ORDER by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling re 12 Order, . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Engingro, Vincent) (Entered: 09/01/2026)
Main Document:
Response to Court Order
#14
Sep 01, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. “[A]s a general rule, a petitioner must file a habeas petition in the district in which they are confined and must name as a respondent the petitioner’s immediate custodian.” Ozturk v. Trump, 777 F. Supp. 3d 26, 34 (D. Mass. 2025) (citing Rumsfeld v. Padilla, 542 U.S. 426, 442-47 (2004)). This Court lacks jurisdiction over the habeas petition because Petitioner was not detained in Massachusetts when he filed his petition. See Padilla, 542 U.S. at 442; Godin v. Schencks, 629 F.3d 79, 83 (1st Cir. 2010) (“a court has an obligation to inquire sua sponte into its subject matter jurisdiction" (quotation marks omitted)). From August 27, 2026 at around 12:15p.m. onward, he has been under ICE custody in New Hampshire. Dkt. 13 at 1; Dkt. 13 -1. Petitioner filed the habeas petition at 2:33p.m. on that same day.In the circumstances of this case, transferring his petition to the District of New Hampshire is in the interests of justice. See 28 U.S.C. §§ 1404(a), 1406(a), 1631. Accordingly, Petitioner’s petition for a writ of habeas corpus under 28 U.S.C. § 2241 is hereby TRANSFERRED to the United States District Court for the District of New Hampshire pursuant to 28 U.S.C. §§ 1404(a), 1406(a), and 1631. (MBM) (Entered: 09/01/2026)
#15
Sep 01, 2026
Case file sent to United States District Court for the District of New Hampshire. (MBM) (Entered: 09/01/2026)
Sep 01, 2026
Case file sent
Sep 01, 2026
Order
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