District of Massachusetts • 1:26-cv-14165

#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)

#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)

#9

Sep 04, 2026

Standing Protective Order Signed by Judge Vernon D. Oliver on 9/4/2026.(si) (Entered: 09/08/2026)

#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)

#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)

#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)

#6

Sep 06, 2026

Joint NOTICE by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling re 3 Order,,, (McConaghy, Michelle) (Entered: 09/06/2026)

#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)

#13

Sep 08, 2026

NOTICE of Appearance by Steven R. Strom on behalf of Deng Dhieu Kuach Deng (Strom, Steven) (Entered: 09/08/2026)

#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)

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)

#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)

#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)

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)

#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)

#22

Sep 11, 2026

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (NMC) (Entered: 09/11/2026)

#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)

#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)

#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 of Petitioner by Deng Dhieu Kuach Deng. (Formica, Glenn) (Entered: 09/14/2026)

#28

Sep 14, 2026

MOTION Motion for Emergency Status Conference by Deng Dhieu Kuach Deng.(Strom, Steven) (Entered: 09/14/2026)

#29

Sep 14, 2026

MOTION to Seal Document 28 MOTION Motion for Emergency Status Conference by Deng Dhieu Kuach Deng. (Attachments: # 1 Exhibit Letter re: Medical)(Strom, Steven) (Entered: 09/14/2026)

#30

Sep 14, 2026

ELECTRONIC NOTICE of Hearing.To provide the Court with sufficient time to review all relevant filings prior to the hearing, Respondents' reply to the Court's Service Order [Dkt. 20] is due by 3:00PM on September 15, 2026.Hearing set for 9/16/2026 10:30 AM in Courtroom 8 (Remote hearing; no public remote access) before District Judge Angel Kelley. (MAL) (Entered: 09/14/2026)

#31

Sep 14, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 29 MOTION to Seal Document 28 MOTION Motion for Emergency Status Conference (CEH) (Entered: 09/14/2026)

#32

Sep 14, 2026

NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, David Venturella, David Wesling, markwayne mullin (McMahon, Erica) (Entered: 09/14/2026)

Sep 14, 2026

Notice of Hearing

Sep 14, 2026

Order on Motion to Seal Document

#33

Sep 15, 2026

MOTION for Leave to File Exhibit Under Seal by Todd Blanche, David Venturella, David Wesling, markwayne mullin.(McMahon, Erica) (Entered: 09/15/2026)

#34

Sep 15, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), 18 Emergency MOTION Immediate Release by Todd Blanche, David Venturella, David Wesling, markwayne mullin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(McMahon, Erica) (Additional attachment(s) added on 9/15/2026: # 5 Exhibit 5- SEALED, # 6 Cover Letter- SEALED) (CEH). (Entered: 09/15/2026)

#35

Sep 15, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 33 MOTION for Leave to File Exhibit Under Seal (CEH) (Entered: 09/15/2026)

#36

Sep 15, 2026

MOTION for Emergency Status Conference by Deng Dhieu Kuach Deng. (Attachments: # 1 Exhibit EOIR Case Portal Report 9/14/2026, # 2 Exhibit Medical Letter to be sealed- Motion to seal granted 9/14/26)(Strom, Steven) (Attachment 2 replaced on 9/16/2026) (CEH). Modified on 9/16/2026 to add Sealed Exhibit B to docket entry (CEH). (Entered: 09/15/2026)

Sep 15, 2026

Order on Motion for Leave to File Document

#37

Sep 16, 2026

DECLARATION re 34 Response to Petition for Writ of Habeas Corpus - 2241, Supported by Proffer by Deng Dhieu Kuach Deng. (Attachments: # 1 Affidavit of Counsel Rachel Lerman, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Formica, Glenn) (Entered: 09/16/2026)

#38

Sep 16, 2026

Electronic Clerk's Notes for proceedings held before District Judge Angel Kelley: Hearing held on 9/16/2026. Case called; counsel make argument on pending petition. Further order to issue. (Court Reporter: Linda Walsh at lwalshsteno@gmail.com.)(Attorneys present: Formica, Strom, McMahon) (MAL) (Entered: 09/16/2026)

#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 requests 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) (Entered: 09/16/2026)

Sep 16, 2026

Hearing - Other

#40

Sep 17, 2026

STATUS REPORT by Todd Blanche, David Venturella, David Wesling, markwayne mullin. (Attachments: # 1 Exhibit 1)(McMahon, Erica) (Entered: 09/17/2026)

#41

Sep 17, 2026

MOTION for Contempt and For Order to Immediately Return Petitioner's Passport by Deng Dhieu Kuach Deng.(Strom, Steven) (Entered: 09/17/2026)

#42

Sep 17, 2026

Response by Deng Dhieu Kuach Deng to 40 Status Report . (Attachments: # 1 Exhibit EOIR ECAS docket eROP printout)(Strom, Steven) (Entered: 09/17/2026)

#43

Sep 18, 2026

MEMORANDUM in Support re 41 MOTION for Contempt and For Order to Immediately Return Petitioner's Passport filed by Deng Dhieu Kuach Deng. (Attachments: # 1 Exhibit Juan T.R. v. Noem, Case No. 26CV0107 (PJS/DLM)(D.Minn.); Supplemental Order and Appendix B, List of Cases finding government noncompliance, # 2 Exhibit Kumar v Soto, No. 26-cv-00777(MEF) (D.N.J), # 3 Exhibit Rigoberto v. Bondi, Case No. 26-cv-957 (LMP/JFD)(D.Minn.), # 4 Exhibit U.S. Imm. And Customs Enforcement, Enforcement and Removal Operations, Policy Number 11311)(Strom, Steven) (Entered: 09/18/2026)

#44

Sep 18, 2026

Opposition re 41 MOTION for Contempt and For Order to Immediately Return Petitioner's Passport filed by Todd Blanche, David Venturella, David Wesling, markwayne mullin. (McMahon, Erica) (Entered: 09/18/2026)

#45

Sep 21, 2026

MOTION for Leave to File Reply, in reponse to Respondents' Opposition, and in Support of Motion for Contempt and for Order to Return Petitioner's Passport (ECF No. 41) by Deng Dhieu Kuach Deng.(Strom, Steven) (Entered: 09/21/2026)

#46

Sep 21, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 45 MOTION for Leave to File Reply, in response to Respondents' Opposition, and in Support of Motion for Contempt and for Order to Return Petitioner's Passport (ECF No. 41).Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (CEH) (Entered: 09/21/2026)

Sep 21, 2026

Order on Motion for Leave to File Document

#47

Sep 22, 2026

REPLY to Response to 41 MOTION for Contempt and For Order to Immediately Return Petitioner's Passport filed by Deng Dhieu Kuach Deng. (Strom, Steven) (Entered: 09/22/2026)

#48

Sep 30, 2026

District Judge Angel Kelley: ELECTRONIC ORDER GRANTING IN PART and DENYING IN PART Petitioner's Motion for Contempt and For Order to Immediately Return Petitioner's Passport [Dkt. 41]. On September 16, 2026, the Court granted Petitioner Deng Dhieu Kuach Deng's Emergency Motion for Immediate Release [Dkt. 28] and ordered that "Petitioner shall be immediately released from ICE custody with all of his personal belongings." [Dkt. 39]. The following day, Respondents filed a Status Report informing the Court that Petitioner had been released, but that they had not returned Petitioner's passport to him. [Dkt. 40]. Respondents claimed that retention of the passport was in line with ICE's Policy Number 11311, which states, “ERO will generally retain all confiscated documents of noncitizens in removal proceedings, with some exceptions, and those of noncitizens with final orders of removal released from ERO custody.” [Id. at 1]. Respondents further argued that "this Court’s Order requiring return of 'all of his personal belongings' falls outside the scope of habeas relief which may be ordered." [Id.]. Petitioner filed a Response to Respondents' Status Report and a Motion for Order and Contempt, which requests the Court order the return of Petitioner's passport and hold Respondents in contempt. [Dkt. 41; 42; 43]. Respondents opposed and expanded upon their jurisdictional argument. [Dkt. 44]. Petitioner replied and argued that the Court has jurisdiction to order the return of Petitioner's passport. [Dkt. 47]. The Court agrees with Petitioner for two reasons. First, because of the multitude of errors in Petitioner's case, it is unclear whether Petitioner is in removal proceedings. Accordingly, it is, at best, ambiguous whether Policy Number 11311 applies to Petitioner. Additionally, Policy Number 11311 establishes a "general[]" policy, with "some exception," not a firm rule. It is within ICE's discretion to return Petitioner's passport to him. Second, as the Supreme Court has explained "the [federal habeas] statute does not deny the federal courts power to fashion appropriate relief other than immediate release. Since 1874, the habeas corpus statute has directed the courts to determine the facts and dispose of the case summarily, ‘as law and justice require.’ Rev. Stat. § 761 (1874), superseded by 28 U.S.C. § 2243." Peyton v. Rowe, 391 U.S. 54, 66-67 (1968). More recently, the Court further clarified that habeas corpus is an "adaptable remedy," the "precise application and scope" of which changes "depending upon the circumstances." Boumediene v. Bush, 553 U.S. 723, 779 (2008). Here, the Court determined that the appropriate remedy for Petitioner's unlawful detention was release and return of all his "personal belongings." [Dkt. 39]. These "personal belongings" include Petitioner's passport. Respondents are ORDERED to return Petitioner's passport to him on or before October 1, 2026. In its discretion, the Court abstains from holding Respondents in contempt because the Court's prior order did not specifically order the return of Petitioner's passport. Should Respondents fail to provide Petitioner with his passport on or before October 1, 2026, the Court may reconsider this decision. (CEH) (Entered: 09/30/2026)

Sep 30, 2026

Order on Motion for Contempt

#49

Oct 01, 2026

NOTICE by Deng Dhieu Kuach Deng re 48 Order on Motion for Contempt,,,,,,,,,,,,,, PETITIONER'S NOTICE OF RECEIPT OF PETITIONER'S PASSPORT (Strom, Steven) (Entered: 10/01/2026)

#50

Oct 02, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. On 9/16/2026, this Court granted Petitioner Deng Dhieu Kuach Deng’s Emergency Motions for Immediate Release. [Dkt. 39]. On 9/17/2026, Respondents provided a Status Report indicating that Petitioner was released. [Dkt. 40]. That same day, Petitioner filed a Motion for Contempt and for Order to Immediately Return Petitioner's Passport, which the Court granted in part on 9/30/2026. [Dkt. 48]. On October 1, 2026, Petitioner submitted a Status Report informing the Court that his passport was returned to him. [Dkt. 49]. As a result, absent objection within the next seven (7) calendar days, the Court will terminate the suit.(JAM) (Entered: 10/02/2026)

Oct 02, 2026

Order