District of Massachusetts • 1:26-cv-14165

Kuach Deng v. Wesling

Active

Case Information

Filed: September 10, 2026
Assigned to: Angel Kelley
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Det
Active
Last Activity: September 17, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 04, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ACTDC-8747679.), filed by Deng Dhieu Kuach Deng. (Attachments: # 1 Exhibit)(Formica, Glenn) (Entered: 09/04/2026)
Main Document: PETITION
#2
Sep 04, 2026
ORDER re: 1 Petition for Writ of Habeas Corpus filed by Deng Dhieu Kuach Deng. Signed by Judge Vernon D. Oliver on 9/4/26.(jp) (Entered: 09/05/2026)
Main Document: ORDER
#9
Sep 04, 2026
Standing Protective Order Signed by Judge Vernon D. Oliver on 9/4/2026.(si) (Entered: 09/08/2026)
Main Document: Standing
#10
Sep 04, 2026
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Vernon D. Oliver on 9/4/2026.(si) (Entered: 09/08/2026)
Main Document: ELECTRONIC
#11
Sep 04, 2026
Notice of Option to Consent to Magistrate Judge Jurisdiction to conduct all proceedings in this civil action (including presiding over a jury or non-jury trial) and to order the entry of final judgment.(si) (Entered: 09/08/2026)
Main Document: Notice
#12
Sep 04, 2026
Notice to Counsel and Litigants Regarding AI-Assisted Research: Attorneys and pro se litigants alike should exercise great caution in submitting any AI-generated language in filings before the Court. Use of AI without verification of the accuracy of the information it generates like any other shoddy research method from other sources or tools implicates Federal Rule of Civil Procedure 11, the central purpose of which is to deter baseless filings in district court and thus to streamline the administration and procedure of the federal courts. Rule 11 applies fully to actions filed by pro se litigants.Therefore, all parties are on notice that the Court has a no-tolerance policy for any briefing (AI-assisted or not) that hallucinates legal propositions or otherwise severely misstates the law. Such filings will often result in sanctions absent reasonable excuse. See generally Willis v. U.S. Bank Nat'l Ass'n et al, No. 3:25-CV-516-BN, 2025 WL 1408897 (N.D. Tex. May 15, 2025). Signed by Clerk on 9/4/2026.(si) (Entered: 09/08/2026)
Sep 04, 2026
CASE ASSIGNMENT: District Judge Vernon D. Oliver assigned to the case. If the District Judge issues an Order of Referral to a Magistrate Judge for any matter other than settlement, the matter will be referred to Magistrate Judge S. Dave Vatti. (jp)
#3
Sep 05, 2026
ORDER: Counsel for all parties shall appear for a telephonic status conference on Tuesday, September 8, 2026, at 10:00 AM. Dial-in information shall follow in a subsequent order. The parties shall confer in advance of the conference and submit a joint letter, no later than tomorrow, September 6, at 5:00 PM. The joint letter should address the following topics: (1) the current status of any removal proceedings against Petitioner; (2) Petitioner's current location; (3) any ongoing plans to transition Petitioner to another facility or release him; and (4) a proposed briefing schedule for the 1 Petition for a Writ of Habeas Corpus. If Petitioner is moved from his location during the time between the filing of the status report and the conference, counsel for the Government shall inform the Court by immediately filing a notice on the docket. Signed by Judge Vernon D. Oliver on 9/5/2026. (SF) (Entered: 09/05/2026)
#4
Sep 05, 2026
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 9/8/2026 at 10:00 AM before Judge Vernon D. Oliver. Dial in information: Dial in by phone: +1 203-684-6202, Phone conference ID:942 235 469# (nk) (Entered: 09/05/2026)
Sep 05, 2026
Set Deadlines: Joint Status Letter due by 9/6/2026 at 5:00 pm (nk)
#5
Sep 06, 2026
NOTICE of Appearance by Michelle Lynn McConaghy on behalf of Todd Blanche, Markwayne Mullin, David Venturella, David Wesling (McConaghy, Michelle) (Entered: 09/06/2026)
Main Document: NOTICE
#6
Sep 06, 2026
Joint NOTICE by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling re 3 Order,,, (McConaghy, Michelle) (Entered: 09/06/2026)
Main Document: Joint
#7
Sep 06, 2026
ORDER re: 6 Notice. On or before Tuesday, September 8, 2026, at 8:00 AM, Respondents shall file any preliminary jurisdictional documentation on the docket and send a copy of such documentation to Petitioner's counsel. The documentation should be filed under seal on the docket as it will contain Petitioner's sensitive personal information and sensitive information related to DHS operations. Signed by Judge Vernon D. Oliver on 9/6/2026. (SF) (Entered: 09/06/2026)
#8
Sep 08, 2026
Response to ECF No 7 with Exhibits by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling re 7 Order, . (McConaghy, Michelle) (Main Document 8 replaced on 9/8/2026) (nk). Modified on 9/8/2026 to modify document restriction (nk). (Entered: 09/08/2026)
Main Document: Response
#13
Sep 08, 2026
NOTICE of Appearance by Steven R. Strom on behalf of Deng Dhieu Kuach Deng (Strom, Steven) (Entered: 09/08/2026)
Main Document: NOTICE
#14
Sep 08, 2026
ORDER TRANSFERRING CASE. As stated during the telephonic status conference held today, September 8, 2026, this case is ordered transferred to the District of Massachusetts. The Court finds that it lacks jurisdiction over this matter based on the 8 Response, which represented that Petitioner was in Massachusetts when the petition was filed. See Ozturk v. Hyde, 136 F.4th 382, 390 (2d Cir. 2025) (stating that there are “two traditional requirements for a federal court to entertain a habeas petition: that the petition be filed in the district of confinement and that it name the petitioner's immediate custodian.”); see also Shinwari v. Mullin, No. 26-CV-514 (VDO), 2026 WL 974957, at *2–3 (D. Conn. Apr. 11, 2026). Neither party objects to the transfer.Accordingly, the Clerk of Court is respectfully directed to transfer this action to the District of Massachusetts. This case will be closed upon acknowledgement of receipt by the District of Massachusetts.Respondents are advised that the Court’s order at ECF No. 2 remains in effect until further order of the District of Massachusetts. The Court maintains the status quo for purposes of Petitioner's ability to have access to and communicate with his counsel of choice.The Court thanks all parties for their diligent briefing in this matter.Signed by Judge Vernon D. Oliver on 9/8/2026. (SF) (Entered: 09/08/2026)
#15
Sep 08, 2026
Minute Entry for proceedings held before Judge Vernon D. Oliver: Status Conference held on 9/8/2026. Total Time: 0 hours and 20 minutes (Court Reporter Corinne Thomas.) (SF) Modified on 9/9/2026 to correct date filed (nk). (Entered: 09/09/2026)
Main Document: Minute
Sep 08, 2026
JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (nk)
#16
Sep 10, 2026
Case transferred in from District of Connecticut; Case Number 3:26-cv-01448. (Entered: 09/10/2026)
Main Document: Case Transferred In - District Transfer
#17
Sep 10, 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. (Danieli, Chris) (Entered: 09/10/2026)
#18
Sep 10, 2026
NOTICE of Appearance by Janne Reisch on behalf of Deng Dhieu Kuach Deng (Reisch, Janne) (Entered: 09/10/2026)
Main Document: Notice of Appearance
#19
Sep 10, 2026
Emergency MOTION Immediate Release from Detention by Deng Dhieu Kuach Deng. (Attachments: # 1 Memorandum in Support)(Reisch, Janne) (Entered: 09/10/2026)
Main Document: Miscellaneous Relief
Sep 10, 2026
Notice of Case Assignment
#20
Sep 11, 2026
District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (NMC) (Entered: 09/11/2026)
Main Document: Service Order-2241 Petition
#21
Sep 11, 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). (NMC) (Entered: 09/11/2026)
Main Document: General Order 19-02
#22
Sep 11, 2026
District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (NMC) (Entered: 09/11/2026)
Main Document: Order
#23
Sep 11, 2026
Copy re 20 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241) emailed to AUSA Matthew Lyons, Rayford Farquhar, and USAMA Civil Process on 9/11/2026 at 9:05 am and mailed to All Respondents on 9/11/2026. (NMC) (Entered: 09/11/2026)
#24
Sep 11, 2026
NOTICE by Todd Blanche, David Venturella, David Wesling, markwayne mullin Notice Regarding Place of Confinement (Lyons, Matthew) (Entered: 09/11/2026)
Main Document: Notice - Other
#25
Sep 11, 2026
MOTION for Leave to Appear Pro Hac Vice for admission of Glenn Formica Filing fee: $ 5, receipt number AMADC-12026726 by Deng Dhieu Kuach Deng. (Attachments: # 1 Certification pro hac vice)(Reisch, Janne) (Entered: 09/11/2026)
Main Document: Appear Pro Hac Vice
#26
Sep 11, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 25 Motion for Leave to Appear Pro Hac Vice Added Glenn Formica. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (NMC) (Entered: 09/11/2026)
Sep 11, 2026
Order on Motion for Leave to Appear
Sep 11, 2026
Copy Mailed
#27
Sep 14, 2026
Status Report
Main Document: Status Report
#28
Sep 14, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief
#29
Sep 14, 2026
Seal Document
Main Document: Seal Document
#32
Sep 14, 2026
Notice of Appearance
Main Document: Notice of Appearance
Sep 14, 2026
Notice of Hearing
Sep 14, 2026
Order on Motion to Seal Document
#33
Sep 15, 2026
Leave to File Document
Main Document: Leave to File Document
#34
Sep 15, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#36
Sep 15, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief
Sep 15, 2026
Order on Motion for Leave to File Document
#37
Sep 16, 2026
Declaration
Main Document: Declaration
#39
Sep 16, 2026
District Judge Angel Kelley: ORDER entered. MEMORANDUM AND ORDER. In light of the government’s multiple errors in processing and mismanagement of Petitioner’s detention and Petitioner’s repeated, denied reques ts for a bond hearing, as well as Petitioner’s discretionary detention, lack of any criminal history, current employment authorization, and significant ties to the community, Petitioner’s Emergency Motions for Immediate Release [Dkts. 29; 28] are GRANTED. As the Court already scheduled the September 16, 2026 hearing at the time of filing, Petitioner’s Motion for an Emergency Status Conference [Dkt. 36] is DENIED as moot. Petitioner shall be immediately released from ICE custody with all of his personal belongings. Within one business day, Respondents shall provide a status report confirming compliance with this order.SO ORDERED.(CEH)
Main Document: Memorandum & Order
Sep 16, 2026
Hearing - Other
#40
Sep 17, 2026
Status Report
Main Document: Status Report
#41
Sep 17, 2026
Contempt
Main Document: Contempt
#42
Sep 17, 2026
Response - not related to a motion
Main Document: Response - not related to a motion

Parties

Kuach Deng
Party
Wesling
Party