District of New Hampshire • 1:26-cv-00711

Ortega Namina v. Wesling

Active

Case Information

Filed: September 01, 2026
Assigned to: Joseph Normand Laplante
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: September 11, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 27, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11989498 Fee status: Filing Fee paid., filed by Marcelo Ortega Namina. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Cornish, Carin) [Transferred from mad on 9/1/2026.] (Entered: 08/27/2026)
Main Document: PETITION
#2
Aug 27, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Brian E. Murphy 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 mad on 9/1/2026.] (Entered: 08/27/2026)
#3
Aug 27, 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). (MBM) [Transferred from mad on 9/1/2026.] (Entered: 08/27/2026)
Main Document: General
#4
Aug 27, 2026
Judge Brian E. Murphy: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL.Respondents shall determine whether Petitioner is a member of the class certified in Guerrero Orellana v. Moniz, No. 25-CV-12664-PBS (D. Mass.), and notify the Court no later than 1:00 p.m. on Monday, August 31, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Thursday, September 3, 2026.(MBM) [Transferred from mad on 9/1/2026.] (Entered: 08/27/2026)
Main Document: Judge
#5
Aug 27, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA Lindsey Ross and mailed to all respondents on 8/27/2026. (MBM) [Transferred from mad on 9/1/2026.] (Entered: 08/27/2026)
#6
Aug 31, 2026
NOTICE of Appearance by Vincent Engingro, III on behalf of Todd Blanche, Markwayne Mullin, David Venturella, David Wesling (Engingro, Vincent) [Transferred from mad on 9/1/2026.] (Entered: 08/31/2026)
Main Document: NOTICE
#7
Aug 31, 2026
MOTION for Extension of Time to September 3, 2026 to File Response/Reply as to 1 Petition for Writ of Habeas Corpus (2241) by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling.(Engingro, Vincent) [Transferred from mad on 9/1/2026.] (Entered: 08/31/2026)
Main Document: MOTION
#8
Aug 31, 2026
MOTION to Enforce Judgment by Marcelo Ortega Namina.(Cornish, Carin) [Transferred from mad on 9/1/2026.] (Entered: 08/31/2026)
Main Document: MOTION
#9
Aug 31, 2026
CERTIFICATE OF SERVICE pursuant to LR 5.2 by Marcelo Ortega Namina re 8 MOTION to Enforce Judgment . (Cornish, Carin) [Transferred from mad on 9/1/2026.] (Entered: 08/31/2026)
Main Document: CERTIFICATE
#10
Aug 31, 2026
RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241) and Motion to Transfer by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling. (Engingro, Vincent) [Transferred from mad on 9/1/2026.] (Entered: 08/31/2026)
Main Document: RESPONSE/ANSWER
#11
Aug 31, 2026
AFFIDAVIT in Support re 8 MOTION to Enforce Judgment filed by Marcelo Ortega Namina. (Cornish, Carin) [Transferred from mad on 9/1/2026.] (Entered: 08/31/2026)
Main Document: AFFIDAVIT
#12
Aug 31, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. In light of the dispute regarding the timeline on which Petitioner was transferred from this District to New Hampshire, compare Dkt. 10 at 1 with Dkt. 11 at 2, Respondents are ORDERED to provide a sworn affidavit on or before 12:00 p.m. on Tuesday, September 1, 2026, detailing the timeline of Petitioner's transfer from this District to Strafford Correctional Facility. (BEL) [Transferred from mad on 9/1/2026.] (Entered: 08/31/2026)
Aug 31, 2026
Order
#13
Sep 01, 2026
RESPONSE TO COURT ORDER by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling re 12 Order, . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Engingro, Vincent) [Transferred from mad on 9/1/2026.] (Entered: 09/01/2026)
Main Document: Miscellaneous Filing
#14
Sep 01, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. “[A]s a general rule, a petitioner must file a habeas petition in the district in which they are confined and must name as a respondent the petitioner’s immediate custodian.” Ozturk v. Trump, 777 F. Supp. 3d 26, 34 (D. Mass. 2025) (citing Rumsfeld v. Padilla, 542 U.S. 426, 442-47 (2004)). This Court lacks jurisdiction over the habeas petition because Petitioner was not detained in Massachusetts when he filed his petition. See Padilla, 542 U.S. at 442; Godin v. Schencks, 629 F.3d 79, 83 (1st Cir. 2010) (“a court has an obligation to inquire sua sponte into its subject matter jurisdiction" (quotation marks omitted)). From August 27, 2026 at around 12:15p.m. onward, he has been under ICE custody in New Hampshire. Dkt. 13 at 1; Dkt. 13 -1. Petitioner filed the habeas petition at 2:33p.m. on that same day.In the circumstances of this case, transferring his petition to the District of New Hampshire is in the interests of justice. See 28 U.S.C. §§ 1404(a), 1406(a), 1631. Accordingly, Petitioner’s petition for a writ of habeas corpus under 28 U.S.C. § 2241 is hereby TRANSFERRED to the United States District Court for the District of New Hampshire pursuant to 28 U.S.C. §§ 1404(a), 1406(a), and 1631. (MBM) [Transferred from mad on 9/1/2026.] (Entered: 09/01/2026)
#15
Sep 01, 2026
Case transferred in from District of Massachusetts; Case Number: 1:26-cv-13948. Original file certified copy of transfer order and docket sheet received (Entered: 09/01/2026)
Main Document: Case Transferred In - District Transfer
#16
Sep 01, 2026
PROCEDURAL ORDER IN TRANSFERRED CASE. ORDER Signed by Tracy A. Uhrin, Clerk of Court. Compliance Deadline set for 10/1/2026. (mc) (Entered: 09/01/2026)
Main Document: Transfer Case Procedural Order In
#17
Sep 01, 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 Joseph N. Laplante.(mc) (Entered: 09/01/2026)
Main Document: Alien Detainee Order
Sep 01, 2026
Case assigned to Judge Joseph N. Laplante and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:26-cv-711-JL-AJ. Please show this number with the judge designation on all future pleadings. (mc)
Sep 01, 2026
Local Counsel Order
Sep 01, 2026
Notice of Filing to USA - 2255/2241
Sep 01, 2026
Order
Sep 01, 2026
Case Assigned
Sep 01, 2026
Notice - ECF
Sep 01, 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)
Sep 01, 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)
Sep 01, 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 Carin Judith Cornish, 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 10/1/2026.(mc)
#18
Sep 02, 2026
ORDER Directing Clerk to Make Service. (Answer Follow Up on 9/9/2026.) So Ordered by US Magistrate Judge Andrea K Johnstone.(ko) (Entered: 09/02/2026)
Main Document: Order Directing Service AND ~Util - Set Deadlines
#19
Sep 02, 2026
NOTICE of Attorney Appearance by Emily Conant on behalf of Strafford County Department of Corrections, Superintendent Christopher Brackett Attorney Emily Conant added to party Strafford County Department of Corrections, Superintendent(pty:res).(Conant, Emily) (Entered: 09/02/2026)
Main Document: Attorney Appearance
Sep 02, 2026
SERVICE BY CLERK: Copies mailed as outlined per 18 Order Directing Service. (ko)
Sep 02, 2026
Clerk Service
#20
Sep 03, 2026
Attorney Appearance
Main Document: Attorney Appearance
Sep 03, 2026
Endorsed Order - not on motion AND ~Util - Set Deadlines
#21
Sep 08, 2026
Extend Time
Main Document: Extend Time
#22
Sep 09, 2026
Addendum
Main Document: Addendum
#23
Sep 09, 2026
Attorney Appearance
Main Document: Attorney Appearance
Sep 09, 2026
Cure Notice - Action Requested
#24
Sep 10, 2026
Voluntary Dismissal
Main Document: Voluntary Dismissal
Sep 11, 2026
Terminate Civil Case
Sep 11, 2026
Endorsed Order - not on motion

Parties

Ortega Namina
Party
Wesling
Party