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Legal Opinion

Bersain Francisco Perez De Leon v. Richard Luna, Warden, FCI Berlin, et al.

District Court, D. New Hampshire

Decided April 17, 2026No. 1:25-cv-00424Unknown

1Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Bersain Francisco Perez De Leon v. Case No. 1:25-cv-424-PB-TSM Opinion No.

2026 DNH 041

Richard Luna, Warden, FCI Berlin, et al. MEMORANDUM AND ORDER Bersain Francisco Perez De Leon is subject to a reinstated final order of removal. For about fourteen months, De Leon has been in federal custody, the last eleven of which his removal has been stayed by the First Circuit while he litigates his immigration status. Before the Court is De Leon’s petition for a writ of habeas corpus. For the reasons set forth below, I grant his petition to…

2Cases cited16 opinions

  1. Zadvydas v. DavisSupreme Court of the United States · 2001
  2. Johnson v. Guzman ChavezSupreme Court of the United States · 2021
  3. Trevor A. Waldron v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1994
  4. Laeila Nelson, Stephanie Nelson, Phil Nelson v. Immigration and Naturalization ServiceCourt of Appeals for the First Circuit · 2000
  5. Carrie Gentry v. Doris Deuth, Warden, Kentucky Correctional Institute for WomenCourt of Appeals for the Sixth Circuit · 2006

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