District of New Hampshire • 1:26-cv-00812

Calderon-Padredes v. Wesling

Active

Case Information

Filed: October 02, 2026
Assigned to: Steven J. McAuliffe
Referred to: Andrea K. Johnstone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: October 09, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 17, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12042144 Fee status: Filing Fee paid., filed by Francis Alberto Calderon-Padredes. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Lagana, Stephen) Modified on 9/17/2026: Removed duplicate text. (MAC) [Transferred from mad on 10/2/2026.] (Entered: 09/17/2026)
Main Document: PETITION
#2
Sep 17, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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 M. Page Kelley. (FGD) [Transferred from mad on 10/2/2026.] (Entered: 09/17/2026)
#3
Sep 17, 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). (CEH) [Transferred from mad on 10/2/2026.] (Entered: 09/17/2026)
Main Document: General
#4
Sep 17, 2026
District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) [Transferred from mad on 10/2/2026.] (Entered: 09/17/2026)
Main Document: District
#5
Sep 17, 2026
District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) [Transferred from mad on 10/2/2026.] (Entered: 09/17/2026)
Main Document: District
#6
Sep 17, 2026
Copy re 5 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to AUSA Matthew Lyons, Rayford Farquhar, and USAMA Civil Process on 9/17/2026 at 3:28 pm and mailed to All Respondents. (CEH) [Transferred from mad on 10/2/2026.] (Entered: 09/17/2026)
#7
Sep 22, 2026
NOTICE of Appearance by Vincent Engingro, III on behalf of Antone Moniz, Markwayne Mullin, David Venturella, David Wesling (Engingro, Vincent) [Transferred from mad on 10/2/2026.] (Entered: 09/22/2026)
Main Document: NOTICE
#8
Sep 22, 2026
MOTION to Dismiss by Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1)(Engingro, Vincent) [Transferred from mad on 10/2/2026.] (Entered: 09/22/2026)
Main Document: MOTION
#9
Sep 24, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. ELECTRONIC ORDER entered. On September 22, 2026, Respondents filed a Motion to Dismiss [Dkt. 8] arguing that the Court should dismiss this case because Petitioner was in New Hampshire when the Petition was filed. Petitioner shall respond to Respondents' Motion to Dismiss on or before September 29, 2026. (CEH) [Transferred from mad on 10/2/2026.] (Entered: 09/24/2026)
#10
Oct 02, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. On September 17, 2026, Petitioner Francis Alberto Calderon-Padredes filed a Petition for Writ of Habeas Corpus, which challenges the constitutionality of Petitioner's continued detention without a bond hearing. [Dkt. 1]. On September 22, 2026, Respondents filed a Motion to Dismiss, which informed the Court that Petitioner was transferred to FCI Berlin in New Hampshire before the Petition was filed in Massachusetts. [Dkt. 8]. Respondents requested the Petition be dismissed or, in the alternative, transferred to New Hampshire. [Id.]. The Court ordered Petitioner to respond to the Motion on or before September 29, 2026. [Dkt. 9]. Petitioner has yet to respond. As a general matter, a habeas petitioner must file their petition in the district of confinement. Rumsfeld v. Padilla, 542 U.S. 426, 447 (2004). Petitioner arrived in New Hampshire at 12:30 PM on September 17, 2026. [Dkt. 8]. The Petition was filed in Massachusetts at 1:37 PM that same day. [Dkt. 1]. Because Petitioner was transferred to New Hampshire prior to filing the Petition, and Petitioner has not pointed to any exceptions to the general rule, the Court does not have jurisdiction over the Petition. According, the Court GRANTS Respondents' Motion to Dismiss [Dkt. 8] insofar as it requests a transfer and TRANSFERS the Petition to the District of New Hampshire. (JAM) [Transferred from mad on 10/2/2026.] (Entered: 10/02/2026)
#11
Oct 02, 2026
Case transferred to to District of New Hampshire. Original file sent to Clerk in that district. (JAM) [Transferred from mad on 10/2/2026.] (Entered: 10/02/2026)
#12
Oct 02, 2026
Case transferred in from District of Massachusetts; Case Number: 1:26-cv-14265. Original file certified copy of transfer order and docket sheet received (Entered: 10/02/2026)
Main Document: Case Transferred In - District Transfer
#13
Oct 02, 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: 10/02/2026)
Main Document: Alien Detainee Order
Oct 02, 2026
ORDER REGARDING VISITING ATTORNEY: The Local Rules for the District of New Hampshire provide that an attorney may, at the discretion of the court, on motion by a member of our bar, be permitted to practice before this court in a particular action. Any attorney so admitted shall at all times be associated with a member of the bar of this court. Our records indicate that no motion(s) for pro hac vice admission of Stephen A. Lagana, Esq. has/have been received. Unless said motion(s) with the required fee is/are filed within thirty (30) days, the case may be referred to a judicial officer for appropriate action. ORDER Signed by Tracy A. Uhrin, Clerk of Court.Compliance Deadline set for 11/2/2026.(mc)
Oct 02, 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)
Oct 02, 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)
Oct 02, 2026
Case assigned to Judge Steven J. McAuliffe and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:26-cv-812-SM-AJ. Please show this number with the judge designation on all future pleadings. (mc)
Oct 02, 2026
Order
Oct 02, 2026
Case Transferred Out - District Transfer
Oct 02, 2026
Case Assigned
Oct 02, 2026
Notice - ECF
Oct 02, 2026
Notice of Filing to USA - 2255/2241
Oct 02, 2026
Local Counsel Order
#14
Oct 05, 2026
ORDER Directing Clerk to Make Service. So Ordered by US Magistrate Judge Andrea K Johnstone.(lw) (Entered: 10/05/2026)
Main Document: Order Directing Service AND ~Util - Set Deadlines
#15
Oct 05, 2026
NOTICE of Attorney Appearance by Samuel H. Martin on behalf of Markwayne Mullin, David Venturella, David Wesling Attorney Samuel H. Martin added to party Markwayne Mullin(pty:res), Attorney Samuel H. Martin added to party David Venturella(pty:res), Attorney Samuel H. Martin added to party David Wesling(pty:res).(Martin, Samuel) (Entered: 10/05/2026)
Main Document: Attorney Appearance
Oct 05, 2026
SERVICE BY CLERK: Copy of service order and petition emailed immediately to Civil Bureau Chief of the Office of U.S. Attorney for District of N.H. and copy sent to Civil Process Clerk, U.S. Attorney for the District of N.H. Copies mailed via certified mail, return receipt requested to FCI Berlin, Warden, Director, Boston Field Office, U.S. Immigration and Customs Enforcement, U.S. Attorney General per 14 Order Directing Service.(lw)
Oct 05, 2026
Clerk Service
#16
Oct 09, 2026
Extend Time
Main Document: Extend Time

Parties

Calderon-Padredes
Party
Wesling
Party