Middle District of Pennsylvania • 3:26-cv-00559

#1

Mar 06, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, Receipt Number 7310430), filed by Kelvin Toribio Hernandez Mendoza. (Attachments: # 1 Certificate of Service) (ea) (Additional attachment(s) added on 3/6/2026: # 2 Civil Cover Sheet) (ea). (Entered: 03/06/2026)

#2

Mar 09, 2026

ORDER TO SHOW CAUSE:the Court finds the following and ORDERS: 1. Mendoza filed the instant petition on March 6, 2026, requesting that Respondents Kristi Noem, Pamela Bondi, Cammilla Wamsley, and Craig A. Lowe (collectively Respondents) release him from custody at the Pike County Correctional Facility in Lords Valley, Pennsylvania. (Doc. 1). 2. According to Mendoza, Respondents are detaining him and denying him a bond hearing pursuant to 8 U.S.C. § 1225(b)(2)(A), which provides that noncitizens who entered the United States without admission or parole are subject to detention. (Doc. 1, at 18-19). 3. Mendoza avers that because he already resided in the United States when Respondents apprehended him, Respondents can only detain him pursuant to § 1226, under which he is entitled to a bond hearing. (Doc. 1, at 13). 4. Courts in the Third Circuit have found that § 1226, not § 1225(b)(2)(A), applies to noncitizens who previously entered the country and have been residing in the United States for an extended period of time prior to being apprehended and placed in removal proceedings. 5. Courts in the Third Circuit have further found that noncitizens detained pursuant to § 1226 are generally entitled to a bond hearing. 6. Mendoza shall make immediate and proper service of the petition for writ of habeas corpus (Doc. 1) and this Order on Respondents. 7. Respondents shall not transfer Mendoza without further order of this Court. 8. Respondents shall file their response to Mendozas petition on or before MONDAY, MARCH 16, 2026. 9. Mendoza shall file his traverse on or before MONDAY, MARCH 23, 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 3/16/2026. Signed by Honorable Karoline Mehalchick on 3/9/2026. (Lewis, Kristine) (Entered: 03/09/2026)