Southern District of Mississippi • 5:26-cv-00616
Pillco Tama v. Moniz
Active
Case Information
Filed: July 10, 2026
Assigned to:
David C. Bramlette
Referred to:
Bradley W. Rath
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
July 31, 2026
Parties:
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Docket Entries
#1
Jun 30, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11856550 Fee status: Filing Fee paid., filed by Jose Miguel Pillco Tama. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form) (Arroyo, Heather) Modified on 7/1/2026 Duplicate Text (NMC). [Transferred from Massachusetts on 7/10/2026.] (Entered: 06/30/2026)
Main Document:
PETITION
#2
Jun 30, 2026
Judge Indira Talwani: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL.(CM) [Transferred from Massachusetts on 7/10/2026.] (Entered: 06/30/2026)
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Judge
#3
Jul 01, 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 Donald L. Cabell. (LBO) [Transferred from Massachusetts on 7/10/2026.] (Entered: 07/01/2026)
#4
Jul 01, 2026
NOTICE by David Wesling re 2 EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL Notice of Confinement (Balakrishna, Annapurna) [Transferred from Massachusetts on 7/10/2026.] (Entered: 07/01/2026)
Main Document:
NOTICE
#5
Jul 01, 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 Massachusetts on 7/10/2026.] (Entered: 07/01/2026)
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General
#6
Jul 01, 2026
District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) [Transferred from Massachusetts on 7/10/2026.] (Entered: 07/01/2026)
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District
#7
Jul 01, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. Petitioner is ORDERED to show cause as to why this Petition should not be transferred to the District of Mississippi on or before July 7, 2026. (CEH) [Transferred from Massachusetts on 7/10/2026.] (Entered: 07/01/2026)
#8
Jul 01, 2026
District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) [Transferred from Massachusetts on 7/10/2026.] (Entered: 07/01/2026)
Main Document:
District
#9
Jul 01, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 8 Service Order - 2241 Petition emailed to AUSA Annapurna Balakrishna,Rayford Farquhar, and USAMA Civil Process on 7/1/2026 at 11:07 am and mailed to All Respondents (CEH) [Transferred from Massachusetts on 7/10/2026.] (Entered: 07/01/2026)
#10
Jul 02, 2026
MOTION for Leave to Appear Pro Hac Vice for admission of Manuel Solis Filing fee: $ 125, receipt number AMADC-11862467 by Jose Miguel Pillco Tama. (Attachments: # 1 Affidavit Manuel Solis)(Arroyo, Heather) [Transferred from Massachusetts on 7/10/2026.] (Entered: 07/02/2026)
Main Document:
MOTION
#11
Jul 02, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 10 Motion for Leave to Appear Pro Hac Vice Added Manuel Solis. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CEH) [Transferred from Massachusetts on 7/10/2026.] (Entered: 07/02/2026)
#12
Jul 06, 2026
NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Antone Moniz, Markwayne Mullin, David Wesling (McMahon, Erica) [Transferred from Massachusetts on 7/10/2026.] (Entered: 07/06/2026)
Main Document:
NOTICE
#13
Jul 06, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Antone Moniz, Markwayne Mullin, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(McMahon, Erica) [Transferred from Massachusetts on 7/10/2026.] (Entered: 07/06/2026)
Main Document:
RESPONSE/ANSWER
#14
Jul 07, 2026
RESPONSE TO ORDER TO SHOW CAUSE by Jose Miguel Pillco Tama. (Arroyo, Heather) [Transferred from Massachusetts on 7/10/2026.] (Entered: 07/07/2026)
Main Document:
RESPONSE
#15
Jul 09, 2026
MOTION to Vacate 2 EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL, 8 Service Order - 2241 Petition by Todd Blanche, Antone Moniz, Markwayne Mullin, David Wesling. (Attachments: # 1 Exhibit 1)(McMahon, Erica) [Transferred from Massachusetts on 7/10/2026.] (Entered: 07/09/2026)
Main Document:
MOTION
#16
Jul 10, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. Petitioner filed a Petition for a Writ of Habeas Corpus on 6/30/2026 at 10:54 PM [Dkt. 1]. At 11:08 that night, Judge Talwani entered a temporary Emergency Order which stayed the transfer or removal of Petitioner from the District of Massachusetts. [Dkt. 2]. The following day, 7/1/2026, Respondents filed a status report informing the Court that Petitioner departed Massachusetts at 4:08pm on 6/29/2026 and was transferred to Mississippi. [Dkt. 4]. Also on 7/1/2026, the Court ordered Petitioner to show cause as to why the Petition should not be transferred to the District of Mississippi. [Dkt. 7]. The same day, at 11:05 AM, the Court also entered an Order that stayed the transfer or removal of Petitioner while the Court determined whether it retained jurisdiction over the Petition. [Dkt. 8]. On 7/7/2026, Petitioner filed a response to the Court's Order to Show Cause. [Dkt. 14]. In the response, Petitioner argues that Petitioner's counsel believed Petitioner to be in Massachusetts at the time they filed the Petition. Petitioner does not contest the timing of his transfer or allege that Respondents violated any of the Court's orders. On 7/9/2026, Respondents filed a Motion to Vacate the Court's Order staying transfer or removal. [Dkt. 15]. Respondents argued that the Court does not have jurisdiction over the matter because Petitioner is not in custody in Massachusetts. 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). While there are exceptions to this rule, see Ozturk v. Trump, 777 F. Supp. 3d 26, 35-39 (D. Mass. 2025), Petitioner does not argue that his detention falls under any of those exceptions [Dkt. 14]. Nor does Petitioner challenge Respondents' factual allegation that Petitioner was transferred out of the district more than a day before the Petition was filed. Because Petitioner was outside of the district at the time the Petition was filed, the Court does not have jurisdiction over the Petition. Pursuant to 28 U.S.C. § 1631, when a "court finds that there is a want of jurisdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court . . . in which the action or appeal could have been brought at the time it was filed or noticed.” Accordingly, the Court GRANTS Respondents’ Motion to Vacate its emergency order concerning stay of transfer or removal and TRANSFERS the petition to the District of Mississippi.(CEH) [Transferred from Massachusetts on 7/10/2026.] (Entered: 07/10/2026)
#17
Jul 10, 2026
Case transferred to to District of Mississippi. Original file certified copy of transfer order and docket sheet sent to Clerk in that district. (CEH) [Transferred from Massachusetts on 7/10/2026.] (Entered: 07/10/2026)
#18
Jul 10, 2026
Case transferred in from District of Massachusetts; Case Number 1:26-cv-13025. Original file certified copy of transfer order and docket sheet received. (Entered: 07/10/2026)
Main Document:
Case Transferred In - District Transfer
#19
Jul 10, 2026
Letter sent to Erica McMahon, Esq. on 07/10/2026 regarding the Federal Government Attorney admission process in the U.S. District Court for the Southern District of Mississippi. (DBH) (Entered: 07/10/2026)
Main Document:
Letter
#20
Jul 10, 2026
Letter sent to Heather Perez Arroyo, Esq. on 7/10/2026 requesting PHV motion, proposed order and fee. (LAT) (Entered: 07/10/2026)
Main Document:
Pro Hac Vice Request Letter
Jul 10, 2026
Order
Jul 10, 2026
Case Transferred Out - District
#21
Jul 20, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#22
Jul 21, 2026
Withdraw as Attorney
Main Document:
Withdraw as Attorney
Jul 21, 2026
Order on Motion to Withdraw as Attorney
#23
Jul 31, 2026
Dismiss/Lack of Jurisdiction
Main Document:
Dismiss/Lack of Jurisdiction
#24
Jul 31, 2026
Memorandum in Support of Motion
Main Document:
Memorandum in Support of Motion
Parties
Moniz
Party
Pillco Tama
Party