District of Maine • 2:26-cv-00244
KALEMBA v. OFFICER-IN-CHARGE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT SCARBOROUGH SUB-OFFICE
Active
Case Information
Filed: May 06, 2026
Assigned to:
Stacey D. Neumann
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
May 13, 2026
Parties:
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Docket Entries
#1
May 06, 2026
PETITION for Writ of Habeas Corpus, filed by ALINO MAPUATA KALEMBA. (Attachments: # 1 Exhibit A Petitioner's 1-94 Record, # 2 Exhibit B USCIS Form 1-797C, # 3 Exhibit C1 Statement of Alino Kalemba, # 4 Exhibit C2 Continued Statement of C, # 5 Exhibit C3 Continuation of C1, # 6 Exhibit D Form 1-797C, # 7 Email Containing Documents)(cjd) (Entered: 05/06/2026)
Main Document:
PETITION
#2
May 06, 2026
EMERGENCY MOTION for Temporary Restraining Order by ALINO MAPUATA KALEMBA Responses due by 5/27/2026. (cjd) (Entered: 05/06/2026)
Main Document:
EMERGENCY MOTION
#3
May 06, 2026
EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL re 1 PETITION for Writ of Habeas Corpus filed by ALINO MAPUATA KALEMBA By JUDGE STACEY D. NEUMANN. (cjd) (Entered: 05/06/2026)
Main Document:
Order
#4
May 06, 2026
NOTICE: Recently ALINO MAPUATA KALEMBA filed a pleading in this Court without representation of an attorney. Information regarding representing yourself is available on the Court's website at https://www.med.uscourts.gov/information-packet-self-represented-parties including an Information Packet for Self-Represented Parties. This packet is intended for informational and practical purposes only and in no way takes the place of an attorney's legal advice, but it may provide some answers to procedural and general questions. ALSO NOTE: You are responsible for notifying the Court in writing of any changes to your mailing address or telephone number and of any change in status regarding representation by an attorney. (cc: pro se litigant) (cjd) (Entered: 05/06/2026)
#5
May 06, 2026
ORDER TO SHOW CAUSE re: 1 PETITION for Writ of Habeas Corpus Responses due by 5 p.m. 5/7/2026. By JUDGE STACEY D. NEUMANN. (mjlt) (Entered: 05/06/2026)
Main Document:
Order to Answer
May 06, 2026
Filing Fee Received from ALINO MAPUATA KALEMBA: Amount Paid: $5.00. Receipt Number: 6345.. Purpose of Payment: Filing Fee. Date Paid: 5/6/2026 (cjd)
#6
May 07, 2026
MOTION to Partially Lift No-Transfer Order by TODD BLANCHE, TODD M LYONS, MARK WAYNE MULLEN, OFFICER-IN-CHARGE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT SCARBOROUGH SUB-OFFICE Responses due by 5/28/2026. (OSBORN, JOHN) (Entered: 05/07/2026)
Main Document:
MOTION
#7
May 07, 2026
ANSWER/RESPONSE/REQUEST FOR DISMISSAL OF 1 PETITION for Writ of Habeas Corpus filed by TODD BLANCHE, TODD M LYONS, MARK WAYNE MULLEN, OFFICER-IN-CHARGE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT SCARBOROUGH SUB-OFFICE. Reply due by 6/8/2026. (Attachments: # 1 Exhibit A Arrest Warrant, # 2 Exhibit B Arrest Report, # 3 Exhibit C Notice of Custody Determination, # 4 Exhibit D Notice to Appear)(OSBORN, JOHN) (Entered: 05/07/2026)
Main Document:
ANSWER/RESPONSE/REQUEST
#8
May 08, 2026
ORDER re: 6 Motion to Partially Lift No-Transfer Order On May 6, 2026, Alino Mapuata Kalemba filed a petition for writ of habeas corpus alleging his detention violates federal law and the United States Constitution. ECF No. 1. That same day, the Court issued an emergency seventy-two-hour stay blocking Respondents from transferring Mr. Kalemba outside the District of Maine. ECF No. 3. On May 7, 2026, Respondents filed an emergency motion requesting permission to transfer Mr. Kalemba to a U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations facility in Plymouth, Massachusetts, because it is better equipped to handle longer-term detention of individuals pending hearings before an immigration judge. ECF No. 6. Based on Respondents' representations that there are limited suitable detention facilities in Maine for Mr. Kalemba and its further representation that the Court will have ongoing jurisdiction over the case, the Court hereby modifies the May 6, 2026, emergency stay to permit Mr. Kalemba's transfer to the District of Massachusetts consistent with Respondents' representations in its emergency transfer motion. Respondents are enjoined from transferring Mr. Kalemba outside the District of Massachusetts and District of Maine without further order. By JUDGE STACEY D. NEUMANN. (mjlt) (Entered: 05/08/2026)
May 08, 2026
Order on Motion for Miscellaneous Relief 1
#9
May 11, 2026
STATUS REPORT by TODD BLANCHE, TODD M LYONS, MARK WAYNE MULLEN, OFFICER-IN-CHARGE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT SCARBOROUGH SUB-OFFICE. (OSBORN, JOHN) (Entered: 05/11/2026)
Main Document:
STATUS
#10
May 11, 2026
NOTICE of Change of Address as to ALINO MAPUATA KALEMBA. Petitioner's address updated per notification from USAO. (mmy) (Entered: 05/11/2026)
#11
May 13, 2026
ORDER re: 1 Petition for Writ of Habeas Corpus: On May 6, 2026, Alino Mapuata Kalemba filed a petition for a writ of habeas corpus alleging his detention violates federal law and the United States Constitution. ECF No. 1. That same day, the Court ordered Respondents to show cause as to why Mr. Kalemba's detention was not unlawful. ECF No. 5. On May 7, 2026, the Respondents responded to the show cause order, conceding that 8 U.S.C. § 1226 applies to Mr. Kalemba and that he has an upcoming bond hearing scheduled in front of an immigration judge on May 18, 2026. ECF No. 7. Where the parties agree that Petitioner is detained pursuant to 8 U.S.C. § 1226 and is therefore entitled to a bond hearing in which the Government carries the burden of proving (1) by clear and convincing evidence that he poses a danger to the community or (2) by a preponderance of the evidence that he poses a flight risk, Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021), and where Respondents have provided evidence that Petitioner would receive such a hearing on May 18, 2026, the Petition [ECF No. 1] is DENIED without prejudice. The Government is ENJOINED from denying Petitioner a bond hearing on the basis that 8 U.S.C. § 1225(b)(2) applies to Petitioner. The Government is ORDERED to file a status report within 30 days of the bond hearing apprising the Court as to whether Petitioner has been granted bond and if so, the amount of bond set. By JUDGE STACEY D. NEUMANN. (mjlt) (Entered: 05/13/2026)
May 13, 2026
Order on Motion for TRO AND Order on Petition for Writ of Habeas Corpus
May 13, 2026
Set Deadlines In accordance with the Court's Order issued on 5/13/2026: Status Report due by 6/17/2026. (mjlt)
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