District of New Hampshire • 1:26-cv-00769

#1

Sep 23, 2026

Petition for Writ of Habeas Corpus under 28 USC 2241 (Filing fee $ 5 receipt number 3113) filed by Jorge Abelardo Ortiz Toapanta. (Attachments: # 1 Declaration, # 2 Envelope)(mc) (Entered: 09/23/2026)

#2

Sep 23, 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 Steven J. McAuliffe.(mc) (Entered: 09/23/2026)

Sep 23, 2026

Case assigned to Judge Steven J. McAuliffe and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:26-cv-769-SM-AJ. Please show this number with the judge designation on all future pleadings. (mc)

Sep 23, 2026

Case Assigned

Sep 23, 2026

Notice of Filing to USA - 2255/2241

Sep 23, 2026

Notice - ECF

Sep 23, 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)

Sep 23, 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)

#3

Sep 24, 2026

ORDER Directing Clerk to Make Service. The Respondent shall file its response to the Petition within seven days of the date of this Order. In their response, the Respondent are directed to show cause why the Court should not issue an order granting the Petition by ordering Respondent to afford Petitioner a bond hearing within seven days of that order's issuance based on the court's reasoning in Guerrero Orellana or Destino. So Ordered by US Magistrate Judge Andrea K Johnstone.(de) (Entered: 09/24/2026)

#4

Sep 24, 2026

NOTICE of Attorney Appearance by Jesse L. Renauld-Smith on behalf of FCI Berlin, Warden, US Department of Homeland Security, US Immigration and Customs Enforcement Attorney Jesse L. Renauld-Smith added to party FCI Berlin, Warden(pty:res), Attorney Jesse L. Renauld-Smith added to party US Department of Homeland Security(pty:res), Attorney Jesse L. Renauld-Smith added to party US Immigration and Customs Enforcement(pty:res).(Renauld-Smith, Jesse) (Entered: 09/24/2026)

Sep 24, 2026

Clerk Service

Sep 24, 2026

SERVICE BY CLERK: Copies mailed and delivered to all Respondents per 3 Order Directing Service.(de)

#5

Sep 29, 2026

MOTION to Extend Time to Object/Respond to November 2, 2026 filed by FCI Berlin, Warden, US Department of Homeland Security, US Immigration and Customs Enforcement.Follow up on Objection on 10/13/2026. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Renauld-Smith, Jesse) (Entered: 09/29/2026)

#6

Sep 30, 2026

ORDER granting 5 Motion to Extend Time to Object/Respond to Object/Respond to November 2, 2026. In light of the foregoing, the government's Motion to Extend (document no. 5) is granted, as follows. Petitioner shall request a bond hearing before an immigration judge through the DHS liaison at FCI Berlin, or as otherwise appropriate. The government shall file a status update regarding the outcome of petitioner's request for a bond hearing within three days of the adjudication of petitioner's request, or by November 2, 2026, whichever is sooner. To the extent petitioner seeks an order directing his immediate release, that request is denied without prejudice. The court finds that a bond hearing before an IJ is sufficient to protect his rights at this stage. So Ordered by Judge Steven J. McAuliffe.(lw) (Entered: 09/30/2026)

#7

Oct 05, 2026

Return of Service Executed as to FCI Berlin, Warden. (lw) (Entered: 10/07/2026)