Active
Case Information
Filed: September 10, 2026
Assigned to:
Allison Dale Burroughs
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
September 11, 2026
Parties:
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Docket Entries
#1
Sep 10, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12020280 Fee status: Filing Fee paid., filed by Viviane Soares. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet Civil)(Reisch, Janne) (Entered: 09/10/2026)
Main Document:
Petition for Writ of Habeas Corpus - 2241
#2
Sep 10, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 Donald L. Cabell. (MAC) (Entered: 09/10/2026)
#3
Sep 10, 2026
Judge Allison D. Burroughs: ORDER entered. Order Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than September 21, 2026. (CAM). (Entered: 09/10/2026)
Main Document:
Service Order-2241 Petition
#4
Sep 10, 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). (CAM) (Entered: 09/10/2026)
Main Document:
General Order 19-02
#5
Sep 10, 2026
Copy re 3 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to Duty AUSA Sauter and mailed to Respondents on 9/10/2026. (CAM) (Entered: 09/10/2026)
Sep 10, 2026
Copy Mailed
Sep 10, 2026
Notice of Case Assignment
#6
Sep 11, 2026
NOTICE of Appearance by Mark Sauter on behalf of Todd Blanche, ICE-ERO Burlington Hold Facility, Markwayne Mullin, David Venturella, David Wesling (Sauter, Mark) (Entered: 09/11/2026)
Main Document:
Notice of Appearance
#7
Sep 11, 2026
NOTICE by Todd Blanche, ICE-ERO Burlington Hold Facility, Markwayne Mullin, David Venturella, David Wesling Notice of Intent to Transfer and Request to Allow Transfer in Period Shorter than Court Required 48 Hours (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Sauter, Mark) (Entered: 09/11/2026)
Main Document:
Notice - Other
#8
Sep 11, 2026
MOTION for Leave to Appear Pro Hac Vice for admission of Glenn Formica Filing fee: $ 5, receipt number AMADC-12026480 by Viviane Soares. (Attachments: # 1 Certification pro hac vice)(Reisch, Janne) (Entered: 09/11/2026)
Main Document:
Appear Pro Hac Vice
#9
Sep 11, 2026
Emergency MOTION For Immediate Release from Detention by Viviane Soares. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Counsel)(Reisch, Janne) Memorandum removed and docketed separately pursuant to CM/ECF Rules of Admin. Procedure on 9/11/2026 (CAM). (Entered: 09/11/2026)
Main Document:
Miscellaneous Relief
#10
Sep 11, 2026
MEMORANDUM in Support re 9 Emergency MOTION For Immediate Release from Detention filed by Viviane Soares. (Attachments: # 1 Declaration of G. Formica)(CAM) (Entered: 09/11/2026)
Main Document:
Memorandum in Support of Motion
#11
Sep 11, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 8 Motion for Leave to Appear Pro Hac Vice Added Glenn Formica. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (CAM) (Entered: 09/11/2026)
#12
Sep 11, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Respondents have provided notice of intent to transfer Petitioner to a facility in New Hampshire where there is adequate long-term housing for women detainees. [ECF No. 7 at 2]. Petitioner’s counsel does not assent to transfer. See [id. at 1]. Rather, Petitioner has filed an emergency motion for immediate release, [ECF No. 9 ], premised on a series of purported defects in Respondents’ authority to detain petitioner—namely, that “Respondents arrested Ms. Soares without [a] warrant... ; failed to provide the mandatory post-arrest examination, advisals, and 48-hour custody determination their own regulations require; and have detained her under [8 U.S.C.] § 1226(a) without any individualized exercise of discretion.” [ECF No. 9 at 9]. It appears, however, that Respondents’ earlier notice includes much of the material that Petitioner contends is missing. See [ECF No. 7-1 to -4]. Further, Respondents do not contest Petitioner’s eligibility to seek a bond hearing in immigration court but note that “Petitioner has not filed a motion for a bond hearing at this time.” [ECF No. 7 at 2 n.1]. Petitioner’s motion, however, seeks a bond hearing as alternative relief. [ECF No. 9 at 4]. Since Respondents do not contest Petitioner’s eligibility for a bond hearing, they are ORDERED to provide her with a bond hearing within seven days of this order. Because Respondents’ earlier filing appears to undermine Petitioner’s argument for release, Petitioner’s emergency motion is otherwise DENIED.In the meantime, the Court’s habeas jurisdiction does not extend to location-of-confinement challenges, see González-Fuentes v. Molina, 607 F.3d 864, 873 (1st Cir. 2010), and its order prohibiting transfer without notice, [ECF No. 3 ], was entered “to provide an opportunity for a fair and orderly consideration of this matter and resolve any contested issues about jurisdiction,” [id. at 3]. Because Respondents consent to the Court’s ongoing jurisdiction over the petition, [ECF No. 7 at 2], the Court hereby gives Respondents leave to transfer Petitioner to the Strafford County Department of Corrections effective immediately.(CAM) (Entered: 09/11/2026)
Sep 11, 2026
Order on Motion for Leave to Appear
Sep 11, 2026
Order AND ~Util - Terminate Motions
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