Middle District of Pennsylvania • 3:26-cv-00770

#1

Mar 25, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, Receipt Number 7336714), filed by Nam Van Phan. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit List, # 3 Exhibit 1 - Petitioner's Registration for Classification as Refugee document and Stamped 1- 94, # 4 Exhibit 2 - Memorandum of Creation of Record of Lawful Permanent Residence, # 5 Exhibit 3 - Order of the Immigration Judge ordering Petitioner removed dated July 31, 2008, # 6 Exhibit 4 - Personal Report Record reflecting Petitioner's ICE check-ins between February 18, 2009 and his detention on September 16, 2025, # 7 Exhibit 5 - ICE Detainee Locator printout showing Petitioner is detained at "Lewisburg U.S. Pen.", # 8 Exhibit 6 - Matter of Nguyenv. Rocha (2;25-cv-04161) (D. Ariz), # 9 Exhibit 7 - Declaration of Expert Witness, Tin Thanh Nguyen, Esq., # 10 Exhibit 8 - Declaration and Curriculum Vitae of Expert Witness, Thao Ha, Ph.D., # 11 Exhibit 9 - Petitioner's application for Vietnamese passport accompanied by copy of check as proof of payment, Fedex shipping label and tracking receipt as proof of delivery, # 12 Exhibit 10 - Naturalization Certificate of Julie Vo, Petitioner's U.S. citizen spouse, their Marriage Certificate and I-130 Receipt Notice from USCIS, # 13 Exhibit 11 - Birth certificates of Achilles Truong-An Phan and Mya Pham, Petitioner's U.S. citizen son stepdaughter, respectively, # 14 Exhibit 12 - Deed to 2513 South 19th St. Philadelphia, PA 19145 where Petitioner lives with his spouse and stepdaughter, # 15 Exhibit 13 - Certificate of Organization - Limited Liability Company for Petitioner's construction company MRF Contractors, # 16 Exhibit 14 - Applicant's Bachelor of Science degree and awards from Pennsylvania State University, # 17 Exhibit 15 - Documents from Applicant's criminal cases, # 18 Exhibit 16 - Letters from family, friends, and associates attesting to Applicant's good moral character, # 19 Exhibit 17 - Pictures of Applicant with family) (ea) (Entered: 03/26/2026)

#2

Mar 27, 2026

ORDER TO SHOW CAUSE: 1. Phan filed the instant petition on March 25, 2026, requesting that Respondents Warden of the Federal Correctional Institution Lewisburg, Brian McShane, Todd Lyons, Markwayne Mullin, and Pamela Bondi (together Respondents) release him from custody at the Federal Correction Institution Lewisburg (FCI Lewisburg) in Lewisburg, Pennsylvania. 1 . 2. According to Phan, Respondents have detained him under 8 U.S.C. § 1231 for more than six months with no credible plan for removal. (Doc. 1, at 2-3). 3. Phan 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 3, 17). 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. Phan 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 Phan without further order of this Court. 7. Respondents shall file their response to Phans petition on or before FRIDAY, APRIL 3, 2026. 8. Phan shall file his traverse on or before FRIDAY, APRIL 10, 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. Signed by Honorable Karoline Mehalchick on 3/27/2026. (kl) (Entered: 03/27/2026)