Middle District of Pennsylvania • 3:26-cv-00821

#1

Mar 30, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, Receipt Number 7343291), filed by Dong Yang Li. (Attachments: # 1 Civil Cover Sheet) (ea) (Entered: 03/31/2026)

#2

Apr 01, 2026

ORDER TO SHOW CAUSE: 1. Li filed the instant petition on March 30, 2026, requesting that the Court enjoin Respondents Markwayne Mullin, Todd Lyons and Jessica Sage (Respondents) from removing Li to a third country without first providing notice and offering adequate opportunity to apply for withholding of removal or protection under the Convention Against Torture. (Doc. 1, at 22). Li also requests that the Court order Respondents to release him from physical custody. (Doc. 1, at 22). 2. According to Li, his continued detention past the 90-day statutory removal period violates 8 U.S.C. § 1231(a)(6) as interpreted by Zadvydas v. Davis, 533 U.S. 678 (2001), and his re-detention without changed circumstances violates 8 C.F.R. § 241.4, § 241.13, and the Due Process Clause of the Fifth Amendment. (Doc. 1, at 8-19). Li further avers he is entitled to a stay of removal to third countries and an opportunity to seek withholding of removal based on Immigration and Customs Enforcement's alleged disregard for procedural requirements creating a substantial risk of removal without process. (Doc. 1, at 19-20). 3. Li submits that removal to China is not reasonably foreseeable because of China's documented history of refusal to accept its nationals for deportation and Lis lack of Chinese national identification documents. (Doc. 1, at 14-15). 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. Li 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 LI WITHOUT FURTHER ORDER OF THE COURT. 7. Respondents shall file their response to Li's petition on or before WEDNESDAY, APRIL 15, 2026. 8. Li shall file his traverse on or before WEDNESDAY, APRIL 29, 2026. If he does not intend to file a reply, counsel shall notify the Court as such, by email to judge_mehalchick@pamd.uscourts.gov with copy to all counsel of record. (kl) (Entered: 04/01/2026)

#3

Apr 02, 2026

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Joshua Bardavid on behalf of Dong Yang Li Attorney Joshua Bardavid is seeking special admission Filing fee $ 50, receipt number APAMDC-7348406.. (Attachments: # 1 Errata Courts of Admission of Counsel, # 2 Errata Certificate of Good Standing, # 3 Proposed Order Proposed Order)(Bardavid, Joshua) (Entered: 04/02/2026)

#4

Apr 08, 2026

SPECIAL ADMISSIONS FORM APPROVED as to Joshua E. Bardavid Signed by Honorable Karoline Mehalchick on 4/8/2026. (kl) (Entered: 04/08/2026)

#5

Apr 09, 2026

NOTICE of Appearance by Michael Butler on behalf of Todd M. Lyons, Secretary, Warden. (Butler, Michael) (Entered: 04/09/2026)

#6

Apr 14, 2026

RESPONSE TO PETITION FOR HABEAS CORPUS by Warden by Warden. (Attachments: # 1 Exhibit List, # 2 Exhibit(s) Ex. 1 - Record of Deportable/Inadmissible Alien, # 3 Exhibit(s) Ex. 2 - Hans Declaration, # 4 Unpublished Opinion(s))(Butler, Michael) (Entered: 04/14/2026)