Beaubrun v. US Department of Homeland Security, Acting Secretary et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Jeff Benson Beaubrun
Case No. 20-cv-312-PB
v. 	Opinion No. 2020 DNH 033
Chad Wolf,
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 Jeff Benson Beaubrun’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
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 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
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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 the 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 March 5, 2020 Order schedules an expedited
status conference for March 6, 2020; specifies March 12, 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.
SO ORDERED.
/s/ Paul J. Barbadoro
Paul J. Barbadoro
United States District Judge
March 6, 2020
cc: 	Gilles R. Bissonnette, Esq.
SangYeob Kim, Esq.
Robert J. Rabuck, Esq.
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