District of Massachusetts • 1:26-cv-10271

#1

Jan 22, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11491515 Fee status: Filing Fee paid., filed by Hassane Barry. (Attachments: # 1 Civil Cover Sheet)(Nice, Robin) (Entered: 01/22/2026)

#2

Jan 22, 2026

ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. The form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet. (FGD) (Entered: 01/22/2026)

#3

Jan 22, 2026

Civil Cover Sheet & Category Sheet re 1 Petition for Writ of Habeas Corpus (2241) by Hassane Barry. (Nice, Robin) (Entered: 01/22/2026)

#4

Jan 22, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (NMC) (Entered: 01/22/2026)

#5

Jan 22, 2026

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (CEH) (Entered: 01/22/2026)

#6

Jan 22, 2026

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 01/22/2026)

#7

Jan 22, 2026

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 01/22/2026)

#8

Jan 22, 2026

Copy re 7 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241) emailed to AUSA Shawna Yen, Rayford Farquhar, Elona Toro, and USAMA Civil Process on 1/22/2026 at 4:22 PM and mailed to All Respondents (CEH) (Entered: 01/22/2026)

Jan 22, 2026

Copy Mailed

Jan 22, 2026

Notice - Other

Jan 22, 2026

Notice of Case Assignment

#9

Jan 27, 2026

Notice of Appearance

#10

Jan 27, 2026

Answer/Response to Petition for Writ of Habeas Corpus - 2241

#11

Feb 02, 2026

Response - not related to a motion

#12

Feb 02, 2026

Amended Complaint

#13

Feb 03, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Hassane Barry’s Petition for Writ of Habeas Corpus. [Dkt. 1]. In his Petition, Barry made a single constitutional claim. He then filed a supplemental Petition, adding a statutory claim. [Dkt. 12 at 3]. Despite only initially making a constitutional claim, Respondents have stated "that the facts in this case are similar to those at issue in” [Dkt. 10 at 1] Amaya Sanchez v. Moniz et al., No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025) [Dkt. 10], in which the Court joined other sessions of this Court, and other courts across the country, in holding that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). Respondents continued, "should the Court follow a similar (but not the same) reasoning here as it did in Amaya Sanchez, it would reach the same result here with respect to Petitioner’s detention only." [Dkt. 11 at 1-2]. This is reinforced by the Petitioner's supplemental filing, which reported that an immigration judge determined he was subject to mandatory detention, contrary to the Court's finding in Amaya Sanchez and other cases. [Dkt. 12 at 3-4]. On the facts before it, the Court does not find reason to deviate from the similar analysis presented in Amaya Sanchez. Accordingly, Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and, while the Court cannot order Respondents to release Barry "on his own recognizance or under parole, a low bond, or reasonable conditions of supervision" [Dkt. 1 at 4], he is entitled to a bond hearing.Petitioner’s Petition [Dkt. 1] is GRANTED in line with the Court's reasoning above. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar days of this Order. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Respondents are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.In light of this Order, the Court finds it unnecessary to comment on Barry's request for an Order that he not be removed from Massachusetts pending the adjudication of the writ.(CEH) (Entered: 02/03/2026)

Feb 03, 2026

Order