District of New Hampshire • 1:26-cv-00900

Sendama v. Wesling

Active

Case Information

Filed: October 19, 2026
Assigned to: Landya B. McCafferty
Referred to: Talesha L. Saint-Marc
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: November 06, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 15, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12112615 Fee status: Filing Fee paid., filed by Yannick Sendama. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit Entry Date and Visa from 2013 Redacted)(Gagarin, Kira) [Transferred from mad on 10/19/2026.] (Entered: 10/15/2026)
Main Document: PETITION
#2
Oct 15, 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 M. Page Kelley. (JAM) [Transferred from mad on 10/19/2026.] (Entered: 10/15/2026)
#3
Oct 15, 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 10/19/2026.] (Entered: 10/15/2026)
Main Document: General
#4
Oct 15, 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 Friday, October 16, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Wednesday, October 21, 2026.(MBM) [Transferred from mad on 10/19/2026.] (Entered: 10/15/2026)
Main Document: Judge
#5
Oct 15, 2026
Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241) Petition emailed to Duty AUSA Olivia Benjamin and mailed to all respondents on 10/15/2026. (MBM) [Transferred from mad on 10/19/2026.] (Entered: 10/15/2026)
#6
Oct 16, 2026
NOTICE by David Wesling REGARDING PLACE OF CONFINEMENT (Benjamin, Olivia) [Transferred from mad on 10/19/2026.] (Entered: 10/16/2026)
Main Document: NOTICE
#7
Oct 16, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER. “[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. On October 15, 2026, at approximately 10:00 a.m., Petitioner was transported from Massachusetts to New Hampshire, where he is currently confined. Dkt. 6 at 1. Petitioner filed the habeas petition at approximately 12:00 p.m. on October 15, 2026. Dkt. 1 . 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 Hampshire pursuant to 28 U.S.C. §§ 1404(a), 1406(a), and 1631. (MBM) [Transferred from mad on 10/19/2026.] (Entered: 10/16/2026)
#8
Oct 19, 2026
Case transferred in from District of Massachusetts; Case Number: 1:26-cv-14672. Original file certified copy of transfer order and docket sheet received (Entered: 10/19/2026)
Main Document: Case Transferred In - District Transfer
#9
Oct 19, 2026
PROCEDURAL ORDER IN TRANSFERRED CASE. ORDER Signed by Tracy A. Uhrin, Clerk of Court.Compliance Deadline set for 11/18/2026.(mc) (Entered: 10/19/2026)
Main Document: Transfer Case Procedural Order In
#10
Oct 19, 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: 10/19/2026)
Main Document: Alien Detainee Order
#11
Oct 19, 2026
ORDER Directing Clerk to Make Service. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(vln) (Entered: 10/20/2026)
Main Document: Order Directing Service
Oct 19, 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)
Oct 19, 2026
Case Assigned
Oct 19, 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)
Oct 19, 2026
Case assigned to Judge Landya B. McCafferty and US Magistrate Judge Talesha L. Saint-Marc. The case designation is: 1:26-cv-900-LM-TSM. Please show this number with the judge designation on all future pleadings. (mc)
Oct 19, 2026
Notice - ECF
Oct 19, 2026
Notice of Filing to USA - 2255/2241
Oct 19, 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 Kira Gagarin, 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 11/18/2026. (mc)
Oct 19, 2026
Local Counsel Order
#12
Oct 20, 2026
RESPONSE re 11 Order Directing Service filed by Todd Blanche, Department of Homeland Security, Markwayne Mullin, US Department of Homeland Security, David Wesling. Attorney Samuel H. Martin added to party Todd Blanche(pty:dft), Attorney Samuel H. Martin added to party Department of Homeland Security(pty:dft), Attorney Samuel H. Martin added to party Markwayne Mullin(pty:dft), Attorney Samuel H. Martin added to party US Department of Homeland Security(pty:dft), Attorney Samuel H. Martin added to party David Wesling(pty:dft). (Martin, Samuel) (Entered: 10/20/2026)
Main Document: Response - not to Motion
Oct 20, 2026
SERVICE BY CLERK: Copies mailed via certified mail, return receipt requested per 11 Order Directing Service.(vln)
Oct 20, 2026
Clerk Service
#13
Oct 22, 2026
Extend Time to Object/Respond
Main Document: Extend Time to Object/Respond
Oct 22, 2026
Order on Motion to Extend Time to Object/Respond
#14
Nov 06, 2026
Response - not to Motion
Main Document: Response - not to Motion

Parties

Sendama
Party
Wesling
Party