District of New Hampshire • 1:26-cv-00911
Baillard v. US Immigration and Customs Enforcement Field Office
Active
Case Information
Filed: October 21, 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 04, 2026
Parties:
View All Parties →
Docket Entries
#1
Oct 21, 2026
Petition for Writ of Habeas Corpus under 28 USC 2241 (Filing fee $5 receipt number 3180) filed by Benson Baillard. (Attachments: # 1 Envelope)(mc) (Entered: 10/21/2026)
Main Document:
Petition for Writ of Habeas Corpus-2241
#2
Oct 21, 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: 10/21/2026)
Main Document:
Alien Detainee Order
Oct 21, 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 21, 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 21, 2026
Case assigned to Judge Landya B. McCafferty and US Magistrate Judge Talesha L. Saint-Marc. The case designation is: 1:26-cv-911-LM-TSM. Please show this number with the judge designation on all future pleadings. (mc)
Oct 21, 2026
Notice of Filing to USA - 2255/2241
Oct 21, 2026
Notice - ECF
Oct 21, 2026
Case Assigned
#3
Oct 22, 2026
ORDER Directing Clerk to Make Service. The Federal Respondents are ORDERED to file a response to the Petition (Doc. No. 1) no later than 9:00 a.m. on Friday, October 23, 2026, notifying this court whether Petitioner is a member of the class certified in Guerrero Orellana. The Federal Respondents are further ORDERED to show cause, no later than 9:00 a.m. on Sunday, October 25, 2026, why the court should not grant the Petition. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(de) (Entered: 10/22/2026)
Main Document:
Order Directing Service
#4
Oct 22, 2026
NOTICE of Attorney Appearance by Jesse L. Renauld-Smith on behalf of US Attorney, US Department of Homeland Security, US Immigration and Customs Enforcement Field Office Attorney Jesse L. Renauld-Smith added to party US Attorney(pty:res), Attorney Jesse L. Renauld-Smith added to party US Department of Homeland Security(pty:res), Attorney Jesse L. Renauld-Smith added to party US Immigration and Customs Enforcement Field Office(pty:res).(Renauld-Smith, Jesse) (Entered: 10/22/2026)
Main Document:
Attorney Appearance
Oct 22, 2026
SERVICE BY CLERK: Copies mailed and delivered to Respondents per 3 Order Directing Service.(de)
Oct 22, 2026
Clerk Service
#5
Oct 23, 2026
Response to Order to Show Cause
Main Document:
Response to Order to Show Cause
Oct 23, 2026
Endorsed Order - not on motion
#6
Oct 29, 2026
Response - not to Motion
Main Document:
Response - not to Motion
#7
Nov 04, 2026
/// ORDER. The petition (doc. no. 1) is granted to the extent that the court (1) DECLARES that petitioner's continued detention in the absence of a bond hearing before an IJ violates his due process rights for the reasons stated in Destino, 2025 WL 4010424, and (2) ORDERS that respondents must provide petitioner with a constitutionally adequate bond hearing before an IJ within seven (7) days, unless petitioner requests a continuance, in which case the bond hearing sh all be held as soon as practicable. Because petitioner is entitled to a bond hearing as a matter of due process, the IJ shall have authority to consider the petitioner's release regardless of whether he is subject to mandatory detention as a statutory matter. The government shall file a status report within 24 hours of the IJ's bond decision. So Ordered by Judge Landya B. McCafferty.(de)
Parties
Baillard
Party
US Immigration and Customs Enforcement Field Office
Party