District of Massachusetts • 1:26-cv-13568

#1

Aug 05, 2026

PETITION for Writ of Habeas Corpus (2241), filed by Sasha Niang. (Attachments: # 1 Supplement). (FGD) (Entered: 08/05/2026)

#2

Aug 05, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 Paul G. Levenson. (JAM) (Entered: 08/05/2026)

#3

Aug 05, 2026

Judge Allison D. Burroughs: ORDER entered. Order Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than August 17, 2026. (JAM) (Entered: 08/05/2026)

#4

Aug 05, 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). (JAM) (Entered: 08/05/2026)

#5

Aug 05, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Service Order - 2241 Petition emailed to Duty AUSA Weinstein and mailed to All Respondents on 8/5/2026. (JAM) (Entered: 08/05/2026)

#6

Aug 05, 2026

Copy re 3 Order and 4 General Order 19-02 mailed to Sasha Niang on 8/5/2026. (JAM) (Entered: 08/05/2026)

#7

Aug 05, 2026

Filing fee/payment: $ 5.00, receipt number 100016222 for 1 Petition for Writ of Habeas Corpus (2241) (NVB) (Entered: 08/05/2026)

Aug 05, 2026

Filing Fee/Payment Received

Aug 05, 2026

Copy Mailed

Aug 05, 2026

Notice of Case Assignment

#8

Aug 10, 2026

Notice of Appearance

#9

Aug 17, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241) by Todd Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin. (Tolkoff, Benjamin) (Entered: 08/17/2026)

Aug 20, 2026

Notice of Case Assignment

Aug 20, 2026

Order Reassigning Case

#12

Aug 25, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241) filed by Sasha Niang. Having reviewed the Petition of Sasha Mikael Ethan Niang ("Petitioner") for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, D. 1, and Respondents' response to same, D. 9, the Court DENIES the Petition. Petitioner has been detained by U.S. Immigration and Customs Enforcement ("ICE") since March 25, 2026, D. 1 at 4; D. 1-1 at 2, and now raises a Fifth Amendment due process claim and seeks release from detention or, in the alternative, an order that that he not be transferred from this District, D. 1 at 6-7. Petitioner previously sought habeas relief on "substantially similar claims," D. 10, which this Court denied, reasoning that Petitioner was not entitled to a bond hearing, but instead was "subject to the 90-day mandatory detention under 8 U.S.C. § 1231(a)(2)" due to his Visa Waiver Program ("VWP") Final Administrative Removal Order ("FARO"), issued March 25, 2026, Niang v. Moniz et al., No. 26-cv-11882-DJC (D. Mass. June 17, 2026), D. 8. Although such 90-day period has since expired, id., "the removal period may be extended if the alien is . . . removable as a result of violations of status requirements," D'Ambrosio v. McDonald, 793 F. Supp. 3d 271, 278 n.8 (D. Mass. 2025) (internal quotation marks omitted) (quoting Johnson v. Guzman Chavez, 594 U.S. 523, 529 (2021)), and here, Petitioner was issued a FARO as a "VWP violator," Niang, No. 26-cv-11882-DJC, D. 8. See Pina Barbosa v. Moniz, No. 26-cv-12062-AK, 2026 WL 2279896, at *2 (D. Mass. Aug. 7, 2026) (providing that "the government may detain an individual beyond the ninety-day removal period" when they have been determined "'removable as a result of status requirements'" (quoting Johnson, 594 U.S. at 528-29)). Further, as noted by Respondents, D. 9 at 1, Petitioner remains in detention because Petitioner is appealing his order of removal to the Board of Immigration Appeals, D. 1 at 5, see Rodriguez-Guardado v. Smith, 271 F. Supp. 3d 331, 335 (D. Mass. 2017) (providing that "numerous courts, including the First Circuit, have found delays attributable to an alien's legal challenges to a removal order to extend the 90–day removal period"). Accordingly, the Court DENIES the Petition.(SEC) (Entered: 08/25/2026)

#13

Aug 25, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER OF DISMISSAL. (SEC) (Entered: 08/25/2026)

Aug 25, 2026

Order