District of Massachusetts • 3:26-cv-14084

#1

Sep 04, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12011166 Fee status: Filing Fee paid., filed by Clive Ndlovu. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit 1 Order of Supervision and ICE Check In Notices, # 4 Exhibit 2 Affidavit of Clive Ndlovu)(Corbaci, Christina) Modified on 9/4/2026 to delete duplicate docket text (SP). (Entered: 09/04/2026)

#2

Sep 04, 2026

Case transferred to Western Division (Springfield) (SP) (Entered: 09/04/2026)

#3

Sep 04, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni 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 Christopher L. Morgan. (MPZ) (Entered: 09/04/2026)

#4

Sep 04, 2026

Judge Mark G. Mastroianni: ORDER entered. ORDER TO SHOW CAUSE. Pursuant to 28 U.S.C. Sec. 2243 governing Sec. 2241 cases for service on respondents, the answer or responsive pleading is due by 11:00 a.m. on September 7, 2026. Respondents shall also include the petitioner's full alien file (A-file) from the Department of Homeland Security. If the A-file is unavailable, the government shall include all documents within its possession, custody, or control which reflects any asserted reason for Petitioner's continued detention. (TRL) (Entered: 09/04/2026)

#5

Sep 04, 2026

Copy re 4 Order to Show Cause e-mailed to AUSA on 9/4/2026. (TRL) (Entered: 09/04/2026)

Sep 04, 2026

Copy Mailed

Sep 04, 2026

Order To Show Cause

Sep 04, 2026

Case Transferred Out - Divisional Transfer

Sep 04, 2026

Notice of Case Assignment

#6

Sep 07, 2026

Judge Mark G. Mastroianni: Electronic order entered. Upon consideration of the Petitioner Clive Ndlovus emergency petition for a writ of habeas corpus, the court declines, at this juncture, to enjoin the government from taking Petitioner into physical custody during the pendency of this action. Although Petitioner alleges that ICE informed him that he would be detained at his next scheduled check-in on September 8, 2026, without more, the present record does not establish that such detention is imminent or inevitable. D.V.D. v. U.S. Dep't of Homeland Sec., 821 F. Supp. 3d 102, 138 (D. Mass. 2026) ("To the extent an individual relies on any 'future restraint on liberty,' such restraint 'may provide a basis for habeas jurisdiction only if it is imminent and inevitable,' which is not the case where detention is 'a matter of executive discretion,' even if 'the odds are great' that the expected detention will occur.'')(quoting Gonzalez-Fuentes v. Molina, 607 F.3d 864, 874 n.8 (1st Cir. 2010)). To preserve the courts ability to consider the matter should Petitioner be taken into custody, however, and unless otherwise ordered by the court, Petitioner shall not be moved outside the District of Massachusetts without 72 hours' advance notice to the court of the proposed move and the reason therefor. The 72hour notice period shall commence at the date and at the time the notice is filed. If the period would otherwise expire on a Saturday, Sunday, or legal holiday, it shall continue to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday. See Fed. R. Civ. P. 6(a). Petitioner shall promptly notify the court of any material change in circumstances, including if he is taken into custody, and may seek appropriate relief based on any such changed circumstances. At this stage, and without further information from the government, the court expresses no opinion on the ultimate merits of the petition. The clerk of court shall serve a copy of this order by email on the civil duty attorney for the United States Attorneys Office and the United States Attorney for the District of Massachusetts.(CR) (Entered: 09/07/2026)

Sep 07, 2026

Order

#7

Sep 09, 2026

Notice of Voluntary Dismissal