Middle District of Pennsylvania • 3:26-cv-00890

#1

Apr 07, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, Receipt Number 7353551), filed by Elda JN Baptiste. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit List, # 3 Exhibit A - ICE Detainee Locator, # 4 Exhibit B - EOIR Automated Case Information Sheet, # 5 Certificate of Service) (ea) (Entered: 04/07/2026)

#2

Apr 08, 2026

ORDER TO SHOW CAUSE: In consideration of the petition of Elda JN Baptiste (Baptiste) (Doc. 1), the Court finds the following and ORDERS: 1. Baptiste filed the instant petition on April 7, 2026, requesting that Respondents Angela Hoover, Brian McShane, Todd Lyons, Markwayne Mullin, Department of Homeland Security, and Todd Blanche (together Respondents) release her from custody at the Clinton County Correctional Facility in McElhattan, Pennsylvania or provide a bond hearing pursuant to 8 U.S.C. § 1226(a). (Doc. 1). 2. According to Baptiste, Respondents are detaining her and denying her 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 11). 3. Baptiste avers that because she has been residing in the United States for nearly three years, she can only be detained under § 1226, under which she is entitled to a bond hearing. (Doc. 1, at 11). 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. Baptiste 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 Baptiste without further order of this Court. 8. Respondents shall file their response to Baptistes petition on or before WEDNESDAY, APRIL 15, 2026. 9. Baptiste shall file her traverse on or before WEDNESDAY, APRIL 22, 2026. If she 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 4/8/2026. (kl) (Entered: 04/08/2026)