Western District of Pennsylvania • 3:26-cv-00815

NIAGANE v. MULLIN

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Case Information

Filed: May 04, 2026
Assigned to: Stephanie Lou Haines
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Pretrial Detainee)
Active
Last Activity: August 14, 2026
Parties: View All Parties →

Docket Entries

#1
May 04, 2026
Second PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number BPAWDC-9549963), filed by ISMAILA NIAGANE. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement Designation Form, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K) (Vassor, Dean) Duplicative text removed. Modified text on 5/5/2026. (tla) Civil Cover Sheet removed from view; refiled as Errata at 2 . Modified text on 5/13/2026. (tla) (Entered: 05/04/2026)
Main Document: ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)
May 05, 2026
Judge Stephanie L. Haines added. (tla)
May 05, 2026
CLERK'S REQUEST FOR CORRECTIVE ACTION re 1 Petition for Writ of Habeas Corpus,,. ERROR: Civil Cover Sheet missing county of residence for the Plaintiff. CORRECTION: Filer to resubmit properly completed Civil Cover Sheet using the Errata event, linking the document to the previous entry. (tla)
#2
May 12, 2026
Errata re 1 Petition for Writ of Habeas Corpus,, by ISMAILA NIAGANE. Reason for Correction: Civil Cover Sheet Missing Plaintiff's County of Residence.. (Vassor, Dean) (Entered: 05/12/2026)
Main Document: Errata
#3
May 14, 2026
CASE MANAGEMENT ORDER: The Court orders as follows: 1. Service. Petitioner's counsel shall serve Respondents with a copy of this order and the Petition via a single e-mail at: usapaw.civ.imm.2241.moshannon@usdoj.gov. The subject line of the email shall contain the case caption and case number of this case. If the Petition contains voluminous exhibits, they need not be emailed. The email service shall be deemed sufficient to accomplish formal service of the Petition. No other documents, pleadings, or motions may be emailed to this email address. 2. Certificate of compliance of service. Upon completion of service via e-mail as reflected in Paragraph 1, Petitioner's counsel shall file a notice of compliance, certifying the date and time of service. 3. Respondents' counsel notice of appearances. Counsel for Respondents shall file a notice of appearance within 3 days of the filing of Petitioner's Certificate of Compliance of Service. 4. Respondents' responses to the petition. Respondents shall file any responses or answers to the petition within 30 days of the date of service. Responses are limited to 25 pages, double-spaced. 5. Petitioner's reply in support of the petition. Petitioner shall file any reply in support of the petition within 5 days of the filing of Respondents' response to the petition. The Reply is limited to 5 pages, double-spaced. Signed by Judge Stephanie L. Haines on 5/14/2026. (dlg) (Entered: 05/14/2026)
Main Document: Case Management Order
#4
May 29, 2026
CERTIFICATE of Compliance re 3 Case Management Order by Dean E Vassor on behalf of ISMAILA NIAGANE (Vassor, Dean) Document link added. Modified text on 5/29/2026. (tla) (Entered: 05/29/2026)
Main Document: CERTIFICATE
May 29, 2026
CLERK'S NOTICE OF CORRECTION re 4 Certificate of Compliance. ERROR: Attorney signature does not comply with requirements, missing Bar ID number.Document was not linked. CORRECTION FOR FUTURE FILINGS: Attorney directed to comply with all requirements of LCvR 5.2(B) in all future filings.Filer advised to link filing to related document in future filings. Clerk added link to appropriate document. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (tla)
#5
Jun 01, 2026
NOTICE of Appearance by Michael Leo Ivory on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, LEONARD ODDO, MICHAEL T. ROSE. (Ivory, Michael) (Entered: 06/01/2026)
Main Document: NOTICE
#6
Jul 01, 2026
Extension of Time to File Response/Reply
Main Document: Extension of Time to File Response/Reply
#7
Jul 02, 2026
Order on Motion for Extension of Time to File Response/Reply
Main Document: Order on Motion for Extension of Time to File Response/Reply
#10
Aug 07, 2026
MEMORANDUM OPINION AND ORDER - For the reasons stated in the Memorandum Opinion, it is hereby ORDERED that: 1. The Petition for Writ of Habeas Corpus, ECF No. 1 , is GRANTED IN PART insofar as Petitioner challenges the constitutionality of his conti nued detention and DENIED IN PART insofar as Petitioner seeks immediate release. 2. As relief for the constitutional violation identified above, Respondents shall provide Petitioner with a new individualized bond hearing before an immigration judge. At that hearing, the Government shall bear the burden of proving, by clear and convincing evidence, that Petitioner's continued detention is necessary because Petitioner poses a danger to the community or a risk of flight or both. 3. The bond h earing shall include an individualized determination of whether continued detention remains justified. The immigration judge shall state the reasons for the custody determination orally on the record or in writing. If bond is denied, the immigration judge shall identify the principal facts and evidence relied upon in determining that Petitioner poses a danger to the community, a flight risk, or both. Nothing in this Order requires the immigration judge to reach any particular custody determinati on. 4. The Government shall arrange for an individualized bond hearing to be conducted by an immigration judge by Friday, September 4, 2026. 5. If Petitioner is not provided with a bond hearing by Friday, September 4, 2026, or if the immigration judg e declines jurisdiction or denies eligibility for a bond hearing based on Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025), Matter of Q. Li, 29 I&N Dec. 66 (BIA 2025), or the statutory interpretation of Section 1225(b)(2) that this Court has reje cted, Respondents shall immediately release Petitioner from custody. 6. If Petitioner is granted bond and the Government appeals the immigration judge's decision, then, upon notification to this Court, the writ shall issue and Petitioner shall be automatically released from custody. 7. With no further action required by the Court at this time, the Clerk of Court shall mark this matter closed. Signed by Judge Stephanie L. Haines on 8/7/2026. (dlg)
Main Document: Memorandum Opinion AND Order
#11
Aug 07, 2026
Judgment (Rule 58)
Main Document: Judgment (Rule 58)
#12
Aug 13, 2026
Enforce
Main Document: Enforce
Aug 14, 2026
Order Response/Briefing Schedule

Parties

MULLIN
Party
NIAGANE
Party