Ndoye v. William P. Joyce

Background

The court held an order-to-show-cause hearing on November 13, 2025, concerning Ndoye’s petition. At the hearing, the government agreed to submit a supplemental declaration addressing information the court identified as relevant to its decision.

The court required information about:

- Ndoye’s December 2009 order of supervised release and its conditions; - the October 21, 2025 revocation of that order, including who issued it and what alleged violation supported it; - whom Officer Quizhpi contacted about Ndoye’s arrest and detention and whom Ndoye encountered that day; - the agency’s process for arresting Ndoye and determining that he was subject to a final removal order; - any code name for the field operation connected to Ndoye’s detention; - whether people who refused to identify themselves were also detained during that operation; and - additional information about whether Mali would issue travel documents and whether any obstacle prevented Ndoye’s removal once those documents were obtained.

The court also stated that it had subject-matter jurisdiction to consider Ndoye’s claim that the government violated his constitutional rights by revoking his order of supervised release. The court said the government’s suggestion that the court lacked jurisdiction to oversee the relevant facts or law was not well taken. That statement did not resolve the merits of Ndoye’s claims.

Procedural History and Court’s Action

On November 24, 2025, Ndoye requested permission to amend his petition. The court granted that request on November 25 and gave the government two weeks to respond. The government then submitted a supplemental declaration from Mincheol So, a deportation officer with U.S. Immigration and Customs Enforcement.

The court found that the declaration could be understood to address only items four and seven from the hearing. It did not provide items one through three, five, or six. The court therefore ordered that, when responding to the amended petition, the government must file a supporting declaration containing the missing information or explain why that information and documentation were not being provided.

Disposition

The order directed additional government submissions. It did not grant or deny Ndoye’s petition and did not decide whether his detention or the revocation of his supervised release was lawful. Judge Vernon S. Broderick signed the order on November 26, 2025.

Classification

This is a procedural order because the court addressed the completeness of the government’s response and required further information without reaching the merits of the petition.