District of New Hampshire • 1:26-cv-00942
Garcia v. Strafford County Department of Corrections, Superintendent
Active
Case Information
Filed: October 29, 2026
Assigned to:
Samantha D. Elliott
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 02, 2026
Parties:
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Docket Entries
#1
Oct 29, 2026
Petition for Writ of Habeas Corpus under 28 USC 2241 filed by Cristhian Samuel Garcia. (Attachments: # 1 Affidavit of Petitioner, # 2 Supporting Documents, # 3 Notice of Summons, # 4 Envelope) (mc) (Entered: 10/29/2026)
Main Document:
Petition for Writ of Habeas Corpus-2241
#2
Oct 29, 2026
NOTICE OF CONSTITUTIONALITY AND STATUTORY CIIALLENGE TO VALIDITY OF IMMIGRATION AND NATIONALITY ACT; IMMIGRATION REMOVAL PROCEEDING STATUTES; WARRANT; AND DETAINER; THE VOID-FOR-VAGUENESS CHALLENGED TO THE INA's RESIDUAL DEFINITION OF THE TERMS STATUTES by Cristhian Samuel Garcia. (mc) (Entered: 10/29/2026)
Main Document:
Notice - Other
#3
Oct 29, 2026
NOTICE OF PRESENTMENT ACCEPTED FOR VALUE AND CONSIDERATION by Cristhian Samuel Garcia. (mc) (Entered: 10/29/2026)
Main Document:
Notice - Other
#4
Oct 29, 2026
NOTICE of Appearance by Cristhian Samuel Garcia.(mc) (Entered: 10/29/2026)
Main Document:
Notice - Other
#5
Oct 29, 2026
MOTION/NOTICE for Expedited Hearing filed by Cristhian Samuel Garcia. HEARING REQUESTED.(mc) (Entered: 10/29/2026)
Main Document:
Expedite
#6
Oct 29, 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: 10/29/2026)
Main Document:
Alien Detainee Order
Oct 29, 2026
Notice - ECF
Oct 29, 2026
Case Assigned
Oct 29, 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 29, 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 29, 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-942-SE-TSM. Please show this number with the judge designation on all future pleadings. (mc)
Oct 29, 2026
NOTICE - Filing Fee Omitted. Either the filing fee of $5.00 or an application to proceed without fees or costs must be submitted within 60 days. If proceeding without prepayment of fees or costs is sought the court needs: Application to Proceed Without Prepayment of Fees or Costs, Certificate of Custodial Institution. Compliance Deadline set for 12/28/2026. (mc)
Oct 29, 2026
Filing Fee Omitted Notice
Oct 29, 2026
Notice of Filing to USA - 2255/2241
#7
Oct 30, 2026
ORDER Directing Clerk to Make Service. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(vln) (Entered: 10/30/2026)
Main Document:
Order Directing Service
#8
Oct 30, 2026
NOTICE of Attorney Appearance by Samuel H. Martin on behalf of ICE Boston Field Office Director, US Attorney General, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement, Acting Director Attorney Samuel H. Martin added to party ICE Boston Field Office Director(pty:res), Attorney Samuel H. Martin added to party US Attorney General(pty:res), Attorney Samuel H. Martin added to party US Department of Homeland Security, Secretary(pty:res), Attorney Samuel H. Martin added to party US Immigration and Customs Enforcement, Acting Director(pty:res).(Martin, Samuel) (Entered: 10/30/2026)
Main Document:
Attorney Appearance
#9
Oct 30, 2026
REPORT AND RECOMMENDATION. The district judge should dismiss Petitioner's void-for-vagueness challenge to the definitions of "crime of violence" or "aggravated felony," Petitioner's claims challenging his federal detainer, and Petitioner's claims asserting "presentment accepted for value and consideration" as grounds for relief. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(vln) (Entered: 10/30/2026)
Main Document:
Report and Recommendation
Oct 30, 2026
Clerk Service
Oct 30, 2026
SERVICE BY CLERK: Copies mailed via certified mail, return receipt requested per 7 Order Directing Service.(vln)
#10
Nov 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: 11/02/2026)
Main Document:
Attorney Appearance
#11
Nov 02, 2026
RESPONSE to 7 Order Directing Service filed by ICE Boston Field Office Director, US Attorney General, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement, Acting Director. (Martin, Samuel) (Entered: 11/02/2026)
Main Document:
Response to Order to Show Cause
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