YANKTON, S.D. (KTIV) - A Yankton father who was minutes away from being deported to a country he has not seen since early childhood will remain in the United States while his legal battle moves through the court system. According to his family, a judge granted an emergency Temporary Restraining Order Thursday morning halting the removal of Nathan “Nate” Samudzi, a longtime area resident and local delivery driver in Southeast South Dakota who was taken into custody by ICE.Samudzi’s family said authorities scheduled him on a deportation flight departing Minneapolis at 9 a.m. Thursday. The court order barring his removal was signed at approximately 8:30 a.m.Nathan “Nate” Samudzi, left with his wife and child. (Samudzi)Emergency legal interventionThe alarm was first raised publicly by family member Stephanie Hirsch, who detailed Samudzi’s rapid transfer from a detention center in Albert Lea, Minnesota, to Minneapolis ahead of an imminent removal flight.“We are extremely concerned that Nate is not being given the opportunity to go through the legal process that applies when someone expresses a fear of persecution or torture,” Hirsch wrote in a public statement calling for urgent community and congressional support.Samudzi’s legal team filed an emergency federal habeas corpus petition Thursday, arguing that he fears for his life if removed to Zimbabwe, where he was born but has not lived since he was 4 years old.“He called me, they made it to Minneapolis and that he overheard that the plane was going to be leaving at nine,” said his wife, Sydney Samudzi, a local school teacher. “So we were working as fast as we could. Around like 8:20 or 8:30, that’s when they got the judge’s ruling that they could not remove Nate from the United States, that he needed to stay in Minnesota so that he could fight his case here.”Samudzi grew up in Vermillion before moving to Yankton. Family members said he holds a valid work permit, began the formal citizenship process four years ago, and is widely known in the community through his delivery route, local fitness groups, and a community pickleball league.The routine check-in and detentionThursday’s arrest marks the second time this year Samudzi has been detained by federal immigration authorities.In February, ICE agents arrested Samudzi as he stepped off a plane in St. Louis during a surprise Valentine’s Day trip he planned for his wife, the first time the couple had traveled since welcoming their daughter, who was 6 months old at the time.Immigration officials pointed to a prior green card denial by U.S. Citizenship and Immigration Services (USCIS) and a 2014 misdemeanor conviction. Samudzi spent six days in custody before being released under strict supervision protocols.Following that release, Samudzi was placed under 24-hour GPS phone tracking, required to submit weekly photographic verification through a mobile app, subject to unannounced home inspections, restricted from leaving South Dakota, and required to report in person to Sioux Falls every eight weeks.Sydney Samudzi said her husband complied with every monitoring condition. On Tuesday, a case manager contacted him regarding a “change in program.” Believing they might be approved for annual check-ins or granted permission to visit family in Nebraska and Iowa for the upcoming holidays, Samudzi reported to the Sioux Falls office, where he was detained.“It’s very confusing for us too, because Nate was, like, detained at home. He couldn’t leave here. They were tracking him. He was able to work, he was able to be with us, and they still knew where he was at. We complied,” Sydney Samudzi said. “It was kind of hard to comprehend that they would want to then detain him and put him in.”Unresolved motions and legal disputesAccording to Sydney Samudzi, the couple had filed a motion to reopen their immigration case following the February detention. While that motion was initially denied, she said the judge indicated in written notes that the court would reconsider if they refiled with evidence demonstrating good moral character and community standing, without an explicit deadline.However, ICE officials argued an appeal window had expired under a standard 30-day timeline, leading to the sudden enforcement action this week.“It’s like you’re going through the worst time of your life, and now we’re reliving it. And it just... it’s unimaginable,” Sydney Samudzi said. “He has the biggest heart and he’s so kind and he always wants to do right by everyone. And so I just truly think like, let’s just be kind to each other and have compassion for our neighbors and be there to support one another, especially in good times or bad.”Congressional response and custody statusKTIV reached out to ICE for a statement on the recent arrest and removal of Samudzi. “ICE officers arrested Nathan Nikita Samudzi, a 30-year-old alien from Zimbabwe, on Sep. 23 after he turned himself in at the South Dakota sub-field office.Samudzi has been subject to a final order of removal since 2006 and has a conviction for drug possession and distribution.He has a pending habeas petition in federal court. ICE will continue to comply with all applicable court orders while carrying out its immigration enforcement responsibilities."“We are aware of the situation and actively evaluating available courses of action,” a spokesperson for U.S. Sen. Mike Rounds said.A spokesperson for U.S. Rep. Dusty Johnson stated: “Rep. Johnson’s office is aware of the situation involving Nathan Samudzi and has spoken with his family. We have also been in communication with ICE about this situation.”ICE Enforcement and Removal Operations (ERO) has not yet returned requests for comment regarding Samudzi’s current detention facility and legal proceedings.The family currently has a GoFundMe set up to help with expenses.Want to get the latest news and weather from Siouxland’s News Source? Follow these links to download our KTIV News app and our First Alert Weather app.Copyright 2026 KTIV. All rights reserved.