Fabio Noe Garcia Sarmiento v. William Barr, U.S. Attorney General; Chad Wolf,1 Acting Secretary, U.S. Department of Homeland Security; Marcos Charles, Acting Boston Field Office Director, Immigration and Customs Enforcement, Enforcement and Removal Operations; and Christopher Brackett, Superintendent, Strafford County Department of Corrections

2020 DNH 024

• Court: District Court, D. New Hampshire
• Decided: February 19, 2020
• Docket: 20-cv-251-PB
• Status: Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Fabio Noe Garcia Sarmiento Case No. 20-cv-251-PB v. Opinion No. 2020 DNH 024

William Barr, U.S. Attorney General;

Chad Wolf, 1 Acting Secretary, U.S. Department of Homeland Security;

Marcos Charles, Acting Boston Field Office Director, Immigration and Customs Enforcement, Enforcement and Removal Operations; and

Christopher Brackett, Superintendent, Strafford County Department of Corrections

O R D E R

Before me is Fabio Noe Garcia Sarmiento’s petition for a

writ of habeas corpus under 28 U.S.C. § 2241 (Doc. No. 1), which

petitioner filed while in the custody of Immigration and Customs

Enforcement (“ICE”) at the Strafford County Department of

Corrections (“SCDC”). The petition is before me to determine

whether it is facially valid and may proceed. See Rule 4 of the

Rules Governing Section 2254 Cases (“Section 2254 Rules”); see

1 On November 13, 2019, Chad Wolf assumed the role of Acting Secretary of the U.S. Department of Homeland Security. Pursuant to Fed. R. Civ. P. 25(d), he automatically replaces the nominal respondent, Kevin McAleenan, who held that role previously. also Section 2254 Rule 1(b) (authorizing court to apply Section

2254 Rules to Section 2241 petitions); LR 4.3(d)(4).

The petition includes facially valid claims that warrant

service. Service upon Barr, Wolf, and Charles shall be effected

by the clerk’s delivery of the Petition and this Order to the

United States Attorney for the District of New Hampshire, and by

sending the same documents by certified mail to the ICE Boston

Field Office, 1000 District Ave., Burlington MA 01803; and to

the United States Attorney General and the Homeland Security

Acting Secretary in Washington, DC. Service upon SCDC

Superintendent shall be effected by providing the same documents

to the U.S. Marshals Service for service upon Brackett, pursuant

to Fed. R. Civ. P. 4(j)(2).

The court’s February 18, 2020 Order schedules a status

conference for February 28, 2020; specifies February 25, 2020 as

the federal respondents’ deadline for responding to the

petition; defers the SCDC Superintendent’s duty to respond until

further order; and prohibits respondents from transferring

petitioner to another facility outside of this court’s

jurisdiction pending further order. That Order remains in full

effect. In addition, going forward, respondents shall provide

this court with at least 48 hours’ advance notice of any

scheduled removal or transfer of Petitioner out of this court’s

jurisdiction.

2 SO ORDERED.

/s/ Paul J. Barbadoro Paul J. Barbadoro United States District Judge

February 19, 2020

cc: Ronald L. Abramson, Esq. U.S. Attorney’s Office