District of New Hampshire • 1:26-cv-00598

#1

Jul 21, 2026

NEW CASE/PETITION FOR WRIT OF HABEAS CORPUS 2241/2254. (Filing fee $ 5, receipt number ANHDC-2830947.) filed by Marlon Matos Soares. (Attachments: # 1 Civil Cover Sheet)(Ladebush, Branden) (Entered: 07/21/2026)

Jul 21, 2026

Case assigned to Judge Landya B. McCafferty and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:26-cv-598-LM-AJ. 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 Judge Landya B. McCafferty.(mc) (Entered: 07/22/2026)

#3

Jul 22, 2026

Order Directing Service

Jul 22, 2026

Notice - ECF

Jul 22, 2026

Clerk Service

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

Case Assigned

Jul 22, 2026

Notice of Filing to USA - 2255/2241

Jul 22, 2026

SERVICE BY CLERK: Copies mailed via certified mail, return receipt requested to Strafford County Department of Corrections, Superintendent per 3 Order Directing Service.(vln)

#4

Jul 23, 2026

Attorney Appearance

#5

Jul 23, 2026

Response to Order to Show Cause

Jul 24, 2026

Order

Jul 24, 2026

ENDORSED ORDER re: 1 Petition for Writ of Habeas Corpus - New Case. Text of Order: The government does not dispute that petitioner is a member of the class certified in Guerrero Orellana v. Moniz, 813 F. Supp. 3d 185 (D. Mass. 2025). Nor does the government dispute that petitioner is entitled to relief on due process grounds if the court applies the reasoning in Destino v. FCI Berlin, Warden, Civ. No. 25-cv-374-SE-AJ, 2025 WL 4010424 (D.N.H. Dec. 24, 2025). As the court finds that petitioner is entitled to relief under both Guerrero Orellana and Destino, the habeas petition is granted to the extent petitioner is entitled to a bond hearing before an IJ. Petitioner's request for immediate release is denied as petitioner has not demonstrated that a bond hearing before an IJ is insufficient to remedy his unlawful detention. Respondents are ordered to provide petitioner with a constitutionally adequate bond hearing before an IJ within two business days, unless the petitioner requests a continuance, in which case the bond hearing shall occur as soon as practicable. Within 24 hours of the bond hearing, the government shall file a status report in this court notifying the court of the result of the bond hearing. So Ordered by Judge Landya B. McCafferty.(lw)

#6

Jul 27, 2026

Attorney Appearance