District of Massachusetts • 1:26-cv-10908

Ahmed v. Wesling

Completed

Case Information

Filed: February 18, 2026
Assigned to: Angel Kelley
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: March 12, 2026
Last Activity: March 12, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 18, 2026
First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11557163 Fee status: Filing Fee paid., filed by Omar Isaack Ahmed. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Civil Cover Sheet Category Sheet, # 3 Exhibit Exhibit A)(Bade, Jennifer) (Entered: 02/18/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Feb 18, 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 Jennifer C. Boal. (SP) (Entered: 02/18/2026)
#3
Feb 18, 2026
District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 02/18/2026)
Main Document: Service Order-2241 Petition
#4
Feb 18, 2026
Copy re 3 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to AUSA Annapurna Balakrishna,Rayford Farquhar, and USAMA Civil Process on 2/18/2026 at 2:00 PM and mailed to All Respondents (CEH) (Entered: 02/18/2026)
#5
Feb 18, 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: 02/18/2026)
Main Document: General Order 19-02
#6
Feb 18, 2026
District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 02/18/2026)
Main Document: Order
Feb 18, 2026
Copy Mailed
Feb 18, 2026
Notice of Case Assignment
#7
Feb 23, 2026
Notice of Appearance
Main Document: Notice of Appearance
#8
Feb 23, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Feb 25, 2026
NOTICE of Appearance by Melissa Del Carmen Rodriguez on behalf of Omar Isaack Ahmed (Rodriguez, Melissa) (Entered: 02/25/2026)
Main Document: Notice of Appearance
#10
Feb 25, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Omar Issack Ahmed’s Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents note that “the legal issues presented in the Petition are similar to those recently addressed by this Court” [Dkt. 8] in Long Thuc Huynh v. Wesling, 25-CV-13794 (D. Mass. Jan. 23, 2026) [Dkt. 13], in which the Court held that the arrest and re-detention of noncitizens released on an order of supervision under 8 U.S.C. § 1231(a)(6) are subject to the regulations promulgated under 8 U.S.C. § 1231(a)(3), including 8 C.F.R. § 241.13. On the facts before it, the Court does not find reason to deviate from the analysis presented in Huynh. Accordingly, to justify Petitioner’s re-detention, Respondents are required to follow the procedures in 8 C.F.R. § 241.13, including demonstrating that changed circumstances exist and that there is a significant likelihood of removal in the reasonably foreseeable future. Respondents do not raise arguments regarding either and submits that “the Court may resolve this Petition without further briefing or oral argument.” [Dkt. 8]. Thus, the Court considers any such argument waived and finds that Petitioner’s detention is unlawful.When a noncitizen’s detention is not in compliance with 8 U.S.C. § 1231 and its implementing regulations, the appropriate remedy is release from custody. SeeTran v. Hyde, No. 25-cv-12546, 2025 WL 3724853, at *4 (D. Mass. Dec. 24, 2025); Nguyen v. Hyde, 788 F. Supp. 3d 144, 152-53 (D. Mass. June 20, 2025); Rombot v. Souza, 296 F. Supp. 3d 383, 389 (D. Mass. 2017). Accordingly, the appropriate remedy in this case is release. Petitioner’s Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to release Petitioner pursuant to the order of supervision that was in effect prior to his re-detention.(CEH) (Entered: 02/25/2026)
Feb 25, 2026
Order
#11
Mar 04, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. On February 25, 2026, this Court GRANTED Petitioner's Habeas Petition. Dkt. 10 . As a result, absent objection within the next seven (7) calendar days, the Court will terminate the suit. (CEH) (Entered: 03/04/2026)
Mar 04, 2026
Order
#12
Mar 12, 2026
Order Dismissing Case
Main Document: Order Dismissing Case