Middle District of Pennsylvania • 3:26-cv-00545

#1

Mar 05, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $5, Receipt Number APAMDC-7308436), filed by Hien Van Nguyen. (Attachments: # 1 Civil Cover Sheet, # 2 BOP & ICE Website printout indicating that Petitioner is detained at FCI Lewisburg)(jw) (Entered: 03/05/2026)

#2

Mar 06, 2026

ORDER TO SHOW CAUSE - ORDERS: 1. Nguyen filed the instant petition on March 5, 2026, requesting that Respondents Jessica Sage, David ONeill, Todd M. Lyons, Kristi Noem, and Pamela Bondi (together Respondents) release him from custody at the Federal Correction Institute, Lewisburg (FCI Lewisburg) in Lewisburg, Pennsylvania. (Doc. 1). 2. According to Nguyen, Respondents have detained him under 8 U.S.C. § 1231 for more than six months with no credible plan for removal. (Doc. 1, at 2, 4). 3. Nguyen avers that his continued detention past the presumptively reasonable six-month removal period violates § 1231 as interpreted by Zadvydas v. Davis, 533 U.S. 678 (2001) and the Due Process Clause of the Fifth Amendment. (Doc. 1, at 8-11). 4. Courts in the Third Circuit have found that petitioners are entitled to supervised release when they sufficiently establish their removal is not reasonably foreseeable and their detention has exceeded the period necessary to secure their removal. 5. Nguyen shall make immediate and proper service of the petition for writ of habeas corpus (Doc. 1) and this Order on Respondents. 6. Respondents shall not transfer Nguyen without further order of this Court. 7. Respondents shall file their response to Nguyens petition on or before FRIDAY, MARCH 13, 2026. 8. Nguyen shall file his traverse on or before FRIDAY, MARCH 20, 2026. If he does not intend to file a traverse, counsel shall notify the Court as such, by email to judge_mehalchick@pamd.uscourts.gov with copy to all counsel of record. Show Cause Response due by 3/13/2026. Signed by Honorable Karoline Mehalchick on 3/6/2026. (cw) (Entered: 03/06/2026)