Middle District of Pennsylvania • 3:26-cv-01017

#1

Apr 20, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, Receipt Number 7370163), filed by Ye Xu. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Notice to Appear, # 3 Exhibit B - Order of Removal, # 4 Exhibit C - Nov. 25 Detention Review Record) (ea) (Entered: 04/20/2026)

#2

Apr 21, 2026

ORDER TO SHOW CAUSE: 1. Xu filed the instant petition on April 20, 2026, requesting that Respondents Craig A. Lowe, Todd Lyons, Markwayne Mullin, and Todd Blanche (together Respondents) release him from custody at the Pike County Correctional Facility in Lords Valley, Pennsylvania. (Doc. 1). 2. According to Xu, Respondents have detained him under 8 U.S.C. § 1231 for more than six months with no credible plan for removal. (Doc. 1, at 12). 3. Xu 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 11-12). 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. Xu 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 Xu without further order of this Court. 7. Respondents shall file their response to Xus petition on or before TUESDAY, APRIL 28, 2026. 8. Xu shall file his traverse on or before TUESDAY, MAY 5, 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 4/21/2026. (kl) (Entered: 04/21/2026)