District of New Hampshire • 1:25-cv-00247

#1

Jun 29, 2025

NEW CASE/PETITION FOR WRIT OF HABEAS CORPUS 2241/2254. (Filing fee $ 5, receipt number ANHDC-2650513.) filed by Jaime Ivan Duchi-Naula. (Attachments: # 1 Exhibit A_Notice to Appear, # 2 Exhibit B_Bond Packet & DHS Evidence, # 3 Exhibit C_IJ Order denying bond, # 4 Exhibit D_IJ Order terminating proceedings without prejudice, # 5 Civil Cover Sheet)(Kim, SangYeob) (Entered: 06/29/2025)

#2

Jun 29, 2025

NOTICE of Attorney Appearance by Gilles R. Bissonnette on behalf of Jaime Ivan Duchi-Naula Attorney Gilles R. Bissonnette added to party Jaime Ivan Duchi-Naula(pty:pet).(Bissonnette, Gilles) (Entered: 06/29/2025)

#3

Jun 29, 2025

Addendum/ to 1 Petition for Writ of Habeas Corpus - New Case, Exhibit 5_I-200 (Warrant for Arrest) by Jaime Ivan Duchi-Naula. (Kim, SangYeob) (Entered: 06/29/2025)

Jun 29, 2025

Case assigned to Chief Judge Landya B. McCafferty and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:25-cv-247-LM-AJ. Please show this number with the judge designation on all future pleadings. (jmb)

#4

Jun 30, 2025

MOTION to Expedite the Case filed by Jaime Ivan Duchi-Naula.Follow up on Objection on 7/14/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Kim, SangYeob) (Entered: 06/30/2025)

#5

Jun 30, 2025

Order Directing Service

#6

Jun 30, 2025

Attorney Appearance

Jun 30, 2025

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.(jmb)

Jun 30, 2025

Hearing Notice

Jun 30, 2025

Endorsed Order - not on motion

Jun 30, 2025

Status Conference

Jun 30, 2025

Case Assigned

Jun 30, 2025

Notice of Filing to USA - 2255/2241

Jun 30, 2025

Notice - ECF

Jun 30, 2025

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. (jmb)

#7

Jul 01, 2025

Attorney Appearance

#8

Jul 01, 2025

Notice - Other

#9

Jul 01, 2025

Brief/Memorandum

Jul 01, 2025

Endorsed Order - not on motion

Jul 01, 2025

ENDORSED ORDER. Text of Order: The July 3 oral argument remains scheduled as ordered. To the extent the court decides that a bail hearing is warranted, that bail hearing will take place on an expedited basis, but no earlier than Monday, July 7, 2025. A bail hearing would occur in court and petitioner's presence would be required. So Ordered by Chief Judge Landya B. McCafferty.(de)

#10

Jul 02, 2025

BRIEF/MEMORANDUM re Order,,, 9 Brief,, Notice of Hearing on the Court's Inherent Authority to Conduct a Bail Hearing by Jaime Ivan Duchi-Naula (Attachments: # 1 Exhibit (Affidavit) 1_Affidavit of Attorney Elizabeth Badger)(Kim, SangYeob) (Entered: 07/02/2025)

Jul 02, 2025

ENDORSED ORDER re: 4 MOTION to Expedite the Case. Text of Order: The court has acted expeditiously. Unless counsel files an objection (or supplement) on or before July 7, 2025, the court will deny this as moot. So Ordered by Chief Judge Landya B. McCafferty.(de)

Jul 02, 2025

Endorsed Order - not on motion

#11

Jul 03, 2025

ORDER: The court cancels the hearing today and reschedules it for Monday, July 7, 2025, at 2:00 p.m. The Monday hearing shall occur in court, in person. The parties may submit briefs of no more than 5 pages addressed to the issues identified in this order by noon on July 6. Petitioner shall be transported for this July 7 proceeding. So Ordered by Chief Judge Landya B. McCafferty.(ko) (Entered: 07/03/2025)

#12

Jul 03, 2025

Assented to MOTION to Extend Time to Answer to July 14, 2025 filed by US Attorney General, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement, Acting Director, US Immigration and Customs Enforcement, Boston Field Office Acting Director.(Weiland, Kasey) (Entered: 07/03/2025)

Jul 03, 2025

Terminate Deadlines PUBLIC

Jul 03, 2025

Hearing Notice

Jul 03, 2025

NOTICE of Hearing. Oral Argument reset for 7/7/2025 at 02:00 PM (from 7/3/2025) before Chief Judge Landya B. McCafferty.(ko)

Jul 03, 2025

Hearing terminated/continued: Oral Argument on 07/03/2025 to be continued. (de)

Jul 03, 2025

RESCHEDULING NOTICE of Hearing. Oral Argument reset for 7/3/2025 at 03:00 PM via video conference before Chief Judge Landya B. McCafferty.(de)

Jul 03, 2025

Rescheduling Hearing Notice

#13

Jul 05, 2025

Brief/Memorandum

#14

Jul 06, 2025

Brief/Memorandum

#15

Jul 07, 2025

Addendum

#16

Jul 07, 2025

Status Report

#17

Jul 07, 2025

ORDER re: release : Appearance Bond. So Ordered by Chief Judge Landya B. McCafferty.(de) (Entered: 07/07/2025)

Jul 07, 2025

Oral Argument

Jul 07, 2025

Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. ORAL ARGUMENT held on 7/7/2025. Oral order as stated on the record at today's hearing. The Court also ordered that petitioner be released - Personal recognizance appearance bond was signed, executed and issued by the Court. (Court Reporter: Susan Bateman) (Pltfs Atty: SangYeob Kim, Jennifer Lyon, Gilles Bissonnette, Chelsea Eddy) (Defts Atty: Kasey Weiland)(Total Hearing Time: 1 hour, 48 minutes) (de)

Jul 08, 2025

ENDORSED ORDER granting 12 Assented to Motion to Extend Time to Answer. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion and during oral argument yesterday, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b) by 60 days. So Ordered by Chief Judge Landya B. McCafferty. Answer Follow Up on 9/8/2025. (de)

Jul 08, 2025

Order on Motion to Extend Time to Answer

Jul 16, 2025

ENDORSED ORDER denying as moot 4 Motion to Expedite the Case. Text of Order: Denied as moot. So Ordered by Chief Judge Landya B. McCafferty.(de)

Jul 16, 2025

Order on Motion to Expedite

#18

Jul 24, 2025

Transcript

#19

Sep 08, 2025

MOTION for Summary Judgment filed by E. L. Tatum, Jr, US Attorney General, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement, Acting Director, US Immigration and Customs Enforcement, Boston Field Office Acting Director. Attorney Kasey A Weiland added to party E. L. Tatum, Jr(pty:res).Follow up on Objection on 10/8/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Exhibit (Affidavit) A- Declaration of Keith Chan)(Weiland, Kasey) (Entered: 09/08/2025)

#20

Sep 10, 2025

Extend Time to Object/Respond

#21

Sep 10, 2025

NOTICE of Attorney Withdrawal by Jennifer P. Lyon on behalf of Jaime Ivan Duchi-Naula(Lyon, Jennifer) (Entered: 09/10/2025)

Sep 15, 2025

Order on Motion to Extend Time to Object/Respond

#22

Nov 06, 2025

Appear Pro Hac Vice

Nov 12, 2025

Order on Motion to Appear Pro Hac Vice

#23

Nov 14, 2025

Attorney Appearance

#24

Nov 20, 2025

Extend Time to Object/Respond

Nov 21, 2025

Order on Motion to Extend Time to Object/Respond

#25

Jan 27, 2026

Memorandum in Opposition to Motion

#26

Feb 03, 2026

RESPONSE re 25 Memorandum in Opposition to Motion, filed by E. L. Tatum, Jr, US Attorney General, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement, Acting Director, US Immigration and Customs Enforcement, Boston Field Office Director. (Weiland, Kasey) (Entered: 02/03/2026)

Mar 25, 2026

Order on Motion for Summary Judgment

Mar 25, 2026

/// ENDORSED ORDER granting Count II of the Petition and denying 19 Motion for Summary Judgment. Text of Order: The court finds that the petitioner is entitled to a bond hearing as a matter of due process pursuant to Judge Elliott's reasoning in Destino v. FCI Berlin, Warden, Civ. No. 25-cv-374-SE-AJ, 2025 WL 4010424 (D.N.H. Dec. 24, 2025). In light of that conclusion, the court need not resolve the parties' arguments regarding the statutory basis for the petitioner's detention. Id. at 3. Moreover, the court excuses any failure to exhaust given that the BIA lacks jurisdiction to consider petitioner's due process claim. See Ribeiro-Almeida v. FCI Berlin, Warden, Civ. No. 25-cv-408-LM-TSM, 2025 WL 3521364, at *2 (D.N.H. Dec. 9, 2025). The petition (doc. no. 1) is granted as to Count II, and the government's motion for summary judgment (doc. no. 19) is denied. The government may not re-incarcerate petitioner unless it establishes at an individualized hearing comporting with due process that petitioner's release would pose (1) a flight risk by a preponderance of the evidence or (2) a danger by clear and convincing evidence. See Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021); see also Flores-Powell v. Chadbourne, 677 F. Supp. 2d 455, 474-78 (D. Mass. 2010) (explaining a habeas court's flexible authority to craft appropriate equitable relief depending on the circumstances of the case). The clerk is directed to enter judgment and close the case. So Ordered by Judge Landya B. McCafferty.(de)

#27

Mar 26, 2026

MOTION to Clarify Order on Motion for Summary Judgment,,,,,, filed by Jaime Ivan Duchi-Naula.Follow up on Objection on 4/9/2026. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Eddy, Chelsea) (Entered: 03/26/2026)

Mar 27, 2026

Order on Motion to Clarify

Mar 27, 2026

ENDORSED ORDER re: 27 Motion to Clarify. Text of Order: The motion to clarify (doc. no. 27) is granted to the following extent. A bond hearing before an immigration judge is consistent with the court's March 25 order. The court will delay the entry of judgment as requested by the motion. On or before April 3, 2026, the government shall file a status report informing the court of the result of the bond hearing. On or before April 9, 2026, petitioner shall notify this court whether he intends to challenge the constitutionality of the bond hearing. So Ordered by Judge Landya B. McCafferty.(de)

#28

Apr 03, 2026

Status Report

#29

Apr 06, 2026

Status Report

Apr 07, 2026

ENDORSED ORDER. Text of Order: Parties shall file a further status report after sixty days or upon conclusion of the government's appeal of the IJ's bond decision, whichever is earlier. So Ordered by Judge Landya B. McCafferty.(de)

Apr 07, 2026

Endorsed Order - not on motion AND ~Util - Set Deadlines