Middle District of Pennsylvania • 3:26-cv-00973

#1

Apr 16, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, Receipt Number 7365930), filed by Kinh Vi Ly. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit List, # 3 Exhibit 1 - Petitioners Custody Review Application, # 4 Exhibit 2 - ICE Letters of Decision to Continue Detention, # 5 Exhibit 3 - Criminal Docket for Petitioners Criminal Case, CP-22-CR-0000991-1989, # 6 Exhibit 4 - Court Summary for Petitioners Criminal Case, CP-22-CR-0000991-1989, # 7 Exhibit 5 - EOIR Automated Case Information for Petitioner reflecting January 12, 1994 removal decision, # 8 Exhibit 6 - Pictures and Parking Ticket from Petitioners Visit to the Vietnamese Consulate on July 12, 2018, # 9 Exhibit 7 - Order of Supervision and Record reflecting ICE check-ins from August 1998 to April 2003, # 10 Exhibit 8 - Letters from family, friends, and associates attesting to Petitioners good moral character, # 11 Exhibit 9 - Petitioner Certificates, Involvement, and Experience at National Novelty Brush Company, # 12 Exhibit 10 - Receipts and Acknowledgement of Charitable Donations to St. Jude Childrens Research Hospital, # 13 Exhibit 11 - Pictures of Petitioner with Family at the Race Against Racism, # 14 Exhibit 12 - Birth Certificate of Tiffany Ly, Petitioners U.S. Citizen Daughter, # 15 Exhibit 13 - Eating and Drinking License for Petitioners restaurant business Great American Ice Cream and Sub Shop, # 16 Exhibit 14 - Certificates, Credentials, Awards, and Highlighted Rankings for three Subway franchises owned by Petitioner, # 17 Exhibit 15 - Petitioners Tax Records from 2017-2025, # 18 Exhibit 16 - Petitioners Car Insurance Records, # 19 Exhibit 17 - Deeds to 285 Buckfield Drive, Lititz, Pennsylvania 17543 and 529 Delp Road, Lancaster, PA 17601, # 20 Exhibit 18 - 2020 Memorandum, # 21 Exhibit 19 - Declaration of Expert Witness, Thao Ha, Ph.D., # 22 Exhibit 20 - ICE Quarterly Reports Documenting Detention and Travel Document Issuance for Pre-1995 Vietnam Nationals from Trinh v. Homan, # 23 Exhibit 20 - Declaration of Expert Witness, Attorney Tin Nguyen) (ea) (Entered: 04/16/2026)

#2

Apr 17, 2026

ORDER TO SHOW CAUSE: 1. Ly filed the instant petition on April 16, 2026, requesting that Respondents Jessica Sage and Michael Rose (together Respondents) release him from custody at the Federal Correction Institution Lewisburg (FCI Lewisburg) in Lewisburg, Pennsylvania. (Doc. 1). 2. According to Ly, 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. Ly 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), the Due Process Clause of the Fifth Amendment, 8 C.F.R. § 241.13, and the Administrative Procedure Act. (Doc. 1, at 16-21). 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. Ly 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 Ly without further order of this Court. 7. Respondents shall file their response to Ly's petition on or before FRIDAY, APRIL 24, 2026. 8. Ly shall file his traverse on or before FRIDAY, MAY 1, 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 4/17/2026. (kl) (Entered: 04/17/2026)