District of New Hampshire • 1:26-cv-00597

#1

Jul 21, 2026

NEW CASE/PETITION FOR WRIT OF HABEAS CORPUS 2241/2254. (Filing fee $ 5, receipt number ANHDC-2830940.) filed by Malundo David Gilberto Destino. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit T Visa Application, # 3 Exhibit USCIS Receipt Notices, # 4 Exhibit OPLA Class Notification Letter, # 5 Exhibit USCIS T Visa Processing Time)(Abramson, Ronald) (Entered: 07/21/2026)

Jul 21, 2026

Case assigned to Chief District Judge Samantha D. Elliott and US Magistrate Judge Talesha L. Saint-Marc. The case designation is: 1:26-cv-597-SE-TSM. Please show this number with the judge designation on all future pleadings. (mc)

#2

Jul 22, 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 Chief District Judge Samantha D. Elliott.(mc) (Entered: 07/22/2026)

#3

Jul 22, 2026

Addendum

Jul 22, 2026

Case Assigned

Jul 22, 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)

Jul 22, 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)

Jul 22, 2026

Notice of Filing to USA - 2255/2241

Jul 22, 2026

Notice - ECF

#4

Jul 23, 2026

Order Directing Service AND ~Util - Set Deadlines

#5

Jul 23, 2026

Attorney Appearance

Jul 23, 2026

Clerk Service

#6

Jul 27, 2026

Attorney Appearance

#7

Jul 30, 2026

Extend Time to Object/Respond

Aug 03, 2026

Order on Motion to Extend Time to Object/Respond

#8

Aug 04, 2026

Objection not to motion

#9

Aug 04, 2026

Response - not to Motion

#10

Aug 25, 2026

Hearing

Aug 28, 2026

Order on Motion for Hearing

Sep 01, 2026

Status Conference

Sep 01, 2026

~Util - Set Deadlines

Sep 01, 2026

ENDORSED ORDER. Text of Order: On or before September 4, 2026, the respondents shall file a supplemental response to the Petition in which they clarify: (1) whether Mr. Destino's failure to appear for his biometrics appointment has or is going to affect his Application for T Nonimmigrant Status; (2) whether the respondents agree that Mr. Destino has a bona fide Application for T Nonimmigrant Status; (3) if the respondents have not yet decided whether Mr. Destino's application is bona fide, the specific anticipated timeline for making that determination and any barriers to adhering to that timeline; and (4) whether notice of Mr. Destino's recent custody review was sent to his immigration attorney, Jeffrey Rubin. After the respondents file the supplemental response, Mr. Destino may but is not required to file a supplement to his petition addressing his recent custody review and Rosales-Navares v. FCI Berlin, Warden, No. 1:26-CV-232-PB-AJ, 2026 WL 1133463 (D.N.H. Apr. 27, 2026). So Ordered by Chief District Judge Samantha D. Elliott.(vln)

Sep 01, 2026

Minute Entry for proceedings held before Chief District Judge Samantha D. Elliott. Hearing held on 9/1/2026. Order to issue. (Pltfs Atty: Ronald Abrahamson) (Defts Atty: Anna Dronzek) (Total Hearing Time: 1:15) (vln)

#11

Sep 02, 2026

Exhibit ICE Custody Determination - 8-31-2026 to 9 Response (not to Motion) by Malundo David Gilberto Destino.(Abramson, Ronald) (Entered: 09/02/2026)

#12

Sep 04, 2026

RESPONSE re Set Deadlines,,,, filed by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling. (Attachments: # 1 Exhibit A) Form G-28)(Dronzek, Anna) (Entered: 09/04/2026)

#13

Sep 06, 2026

RESPONSE re 12 Response (not to Motion) to Respondent's Response to Order to Show Cause filed by Malundo David Gilberto Destino. (Attachments: # 1 Exhibit D. Spitzer ICE G-28)(Abramson, Ronald) (Entered: 09/06/2026)

Sep 08, 2026

ENDORSED ORDER. Text of Order: The court has reviewed the parties submissions in response to its September 1, 2026 order (doc. nos. 12 & 13). The respondents have stated that they are unable to take a position on whether the petitioner's June 17, 2026 Application for T Nonimmigrant Status is bona fide until after U.S. Citizenship and Immigration Services ("USCIS") completes its review, which USCIS cannot do until it receives the petitioner's fingerprints from Immigration and Customs Enforcement ("ICE"). The respondents state that it typically takes USCIS two weeks to process fingerprints and two weeks to complete its review. Here, the Department of Homeland Security ("DHS"), through USCIS, caused significant delays in its determination by scheduling the petitioner's fingerprinting in Bedford, NH on July 30, 2026, despite his continued detention by DHS, through ICE. The respondents were alerted to this issue at least as of July 22, 2026, when the petitioner filed his addendum (doc. no. 3) in this case. And yet, the respondents had not made any effort to remedy the situation as of the September 1, 2026 hearing. As a result, USCIS is not expected to complete its review of the petitioner's June 17, 2026 application until October 2, 2026, more than 15 weeks after the petitioner filed his application. In light of the liberty interests at stake in this case and DHS's clear responsibility for the delay, the court orders DHS, through USCIS and ICE, to expedite the petitioner's fingerprinting and USCISs review of the petitioner's application so that USCIS can decide whether the petitioner's application is bona fide on or before September 18, 2026. On or before September 21, 2026, the respondents shall file a status report regarding the USCIS decision. If USCIS determines that the petitioner's application is not bona fide, the status report must explain the factual and legal justifications for that finding and attach any documents relied on or generated by USCIS. So Ordered by Chief District Judge Samantha D. Elliott.(vln)

Sep 08, 2026

ENDORSED ORDER Text of Order: The respondents shall provide the July 14, 2026 decision of the Headquarters Reviewing Official described in paragraph 25 of Acting Assistant Field Office Director Brian Sullivan's August 3, 2026 affidavit (doc. no. 8-1) as well as any evidence on which the Headquarters Reviewing Official relied. If that evidence is already in the record, the respondents may list it by reference to the docket rather than refile it. So Ordered by Chief District Judge Samantha D. Elliott.(vln)

Sep 09, 2026

~Util - Set Deadlines

Sep 09, 2026

Order