Southern District of Mississippi • 5:25-cv-00068

#1

Jun 05, 2025

PETITION for Writ of Habeas Corpus (2241) with exhibits Filing fee: $ 5, receipt number AMADC-11051766 Fee status: Filing Fee paid., filed by Pablo Jose Valles Chirinos.(Nam-Krane, Michael) [Transferred from Massachusetts on 7/9/2025.] (Entered: 06/05/2025)

#2

Jun 05, 2025

Judge Richard G. Stearns: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (CM) [Transferred from Massachusetts on 7/9/2025.] (Entered: 06/05/2025)

#3

Jun 06, 2025

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 Jennifer C. Boal. (JKK) [Transferred from Massachusetts on 7/9/2025.] (Entered: 06/06/2025)

#4

Jun 06, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (JKK) [Transferred from Massachusetts on 7/9/2025.] (Entered: 06/06/2025)

#5

Jun 06, 2025

ELECTRONIC NOTICE of Hearing. Hearing set for 6/6/2025 03:00 PM in Courtroom 8 (In person only) before District Judge Angel Kelley. (MAL) [Transferred from Massachusetts on 7/9/2025.] (Entered: 06/06/2025)

#6

Jun 06, 2025

NOTICE of Appearance by Mark Sauter on behalf of Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Kristi Noem (Sauter, Mark) [Transferred from Massachusetts on 7/9/2025.] (Entered: 06/06/2025)

#7

Jun 06, 2025

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) [Transferred from Massachusetts on 7/9/2025.] (Entered: 06/06/2025)

#8

Jun 06, 2025

STATUS REPORT by Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Kristi Noem. (Sauter, Mark) [Transferred from Massachusetts on 7/9/2025.] (Entered: 06/06/2025)

#9

Jun 06, 2025

Electronic Clerk's Notes for proceedings held before District Judge Angel Kelley: Hearing held on 6/6/2025:Case called; the Court heard from the parties on the matter and set briefing deadlines. (Court Reporter: Linda Walsh at lwalshsteno@gmail.com.)(Attorneys present: Nam-Krane, Sauter) (MAL) [Transferred from Massachusetts on 7/9/2025.] (Entered: 06/06/2025)

#10

Jun 06, 2025

District Judge Angel Kelley: ORDER CONCERNING STAY OF TRANSFER OR REMOVAL entered. (MAL) [Transferred from Massachusetts on 7/9/2025.] (Entered: 06/06/2025)

#11

Jun 11, 2025

RESPONDENTS OPPOSITION/RESPONSE/ANSWER to Petitioner's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C § 2241 by Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Kristi Noem. (Attachments: # 1 Exhibit A)(Sauter, Mark) Modified on 6/30/2025 to edit docket text (CEH). [Transferred from Massachusetts on 7/9/2025.] (Entered: 06/11/2025)

#12

Jun 18, 2025

PETITIONER'S REPLY re 11 RESPONDENTS' OPPOSITION TO PETITION FOR WRIT OF HABEAS CORPUS by Pablo Jose Valles Chirinos. (Attachments: # 1 Affidavit Affidavit in Support of Reply, # 2 Exhibit NYT Article)(Nam-Krane, Michael) Modified on 6/30/2025 to modify docket text (CEH). [Transferred from Massachusetts on 7/9/2025.] (Entered: 06/18/2025)

#13

Jul 07, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered. On June 5, 2025, Petitioner Pablo Jose Valles Chirinos filed a Petition for a writ of habeas corpus under 28 U.S.C. § 2241. [Dkt. 1]. Chirinos, a Venezuelan national, has been detained by U.S. Immigration and Customs Enforcement (ICE) since May 27, 2025. [Id.]. Chirinos was processed, booked, and held at ICEs Field Office in Burlington, Massachusetts before he was moved to the Plymouth County Correctional Facility in Plymouth, Massachusetts on May 29, 2025, where he remained for the next week. [Dkt. 11]. On June 5, 2025, Chirinos was transported from Plymouth County to an airfield in Bedford, Massachusetts, along with numerous other ICE detainees. [Id.]. According to Respondents, Chirinos and others detained were transferred from Massachusetts because of limited bed space at the Plymouth County Correctional Facility. [Id.].Respondents report Chirinos flight departed Bedford at 2:45 PM EDT on June 5, 2025, and arrived in Alexandria, Louisiana at approximately 4:50 PM CDT (5:50 PM EDT) the same day. [Id.]. Chirinos was processed and booked into the Adams County Detention Center located in Natchez, Mississippi, an approximately two-hour drive away, later that day and remains in ICE custody. [Id.]. At 7:40 PM EDT, Chirinos filed his Petition, arguing his detention violates his Fifth Amendment right to due process and the common law privilege against civil arrest. [Dkt. 1].As the Supreme Court previously noted, under 28 U.S.C. § 2241, District Courts are limited to granting habeas relief in their respective jurisdictions. Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004) (quoting 28 U.S.C. § 2241(a)). A petitioner must file a habeas petition in the district in which they are confined and name as a respondent the petitioners immediate custodian. Id.at 442-447. Because Chirinos was not in custody within the District of Massachusetts at the time the habeas Petition was filed, this Court is withoutjurisdictionto adjudicate this matter.In an effort to justify jurisdiction in this District, Chirinos argues that the Respondents lack clean hands, ma[king] a decision to transfer Chirinos for illegitimate political purposes. [Dkt. 12]. The equitable doctrine of unclean hands applies when a party seeking relief has committed an unconscionable act immediately related to the equity the party seeks in respect to the litigation. Keystone Driller Co. v. General Excavator Co., 290 U.S. 240, 245 (1933). Based on the facts alleged, the Court cannot conclude with any certainty that the Respondents intentionally transferred Chirinos to another detention facility, knowing that Chirinos would file his Petition in the District of Massachusetts, in an effort to undermine jurisdiction. Beyond the dearth of facts on the record, Chirinos claim is further belied by the fact that Chirinos remained in custody in Massachusetts for more than a week before he was transferred, during which a habeas petition could have been filed.When a district court lacksjurisdiction, as is the case here, it may, in the interest of justice, order the case to be transferred to another court that would havejurisdiction. 28 U.S.C. § 1631. Here, the Court finds that it is in the interest of justice totransferthe action to the appropriate district. The Court hereby ORDERSthe parties to submit supplemental briefing by Wednesday, July 9, 2025, at 12:00 PM, as to the appropriate district for this case to be transferred based on the timing of the filing of the Petition.(CEH) Modified on 7/7/2025 to correct response deadline. NEF regenerated to all parties (CEH). [Transferred from Massachusetts on 7/9/2025.] (Entered: 07/07/2025)

#14

Jul 08, 2025

Joint MOTION to Transfer Case to Southern District of Mississippi. by Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Kristi Noem.(Sauter, Mark) [Transferred from Massachusetts on 7/9/2025.] (Entered: 07/08/2025)

#15

Jul 09, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 14 Joint MOTION to Transfer Case to Southern District of Mississippi (CEH) [Transferred from Massachusetts on 7/9/2025.] (Entered: 07/09/2025)

#16

Jul 09, 2025

Case transferred to to District of Southern District of Mississippi. Original file certified copy of transfer order and docket sheet sent to Clerk in that district. (CEH) [Transferred from Massachusetts on 7/9/2025.] (Entered: 07/09/2025)

#17

Jul 09, 2025

Case transferred in from District of Massachusetts; Case Number 1:25-cv-11641. Original file certified copy of transfer order and docket sheet received. (Entered: 07/09/2025)

#18

Jul 09, 2025

Letter sent to Michael A. Nam-Krane on 07/09/2025 requesting PHV motion, proposed order and fee. (CDS) (Entered: 07/09/2025)

#19

Jul 09, 2025

Letter sent to Mark Sauter on 7/9/2025 re Federal Government Attorney admission process. (CDS) (Entered: 07/09/2025)

Jul 09, 2025

Case Transferred Out - District

Jul 09, 2025

Order on Motion to Change Venue

#20

Jul 22, 2025

Appear Pro Hac Vice

#21

Jul 22, 2025

Attachment

Jul 22, 2025

Docket Annotation

Jul 28, 2025

Pro Hac Vice fee paid(credit card)

Aug 04, 2025

Order on Motion to Appear Pro Hac Vice

#22

Aug 14, 2025

Withdraw as Attorney