Garcia Sarmiento v. US Attorney General et al

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.
Case 1:20-cv-00251-PB Document 3 Filed 02/19/20 Page 1 of 3

2
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.
Case 1:20-cv-00251-PB Document 3 Filed 02/19/20 Page 2 of 3

3
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
Case 1:20-cv-00251-PB Document 3 Filed 02/19/20 Page 3 of 3