Middle District of Pennsylvania • 3:26-cv-01241

#1

May 08, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, Receipt Number 7398615), filed by Keeni Octavio Zapata Arzu. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - ICE Detainee Locator) (ea) (Entered: 05/08/2026)

#2

May 11, 2026

ORDER TO SHOW CAUSE: 1. Arzu filed the instant petition on May 8, 2026, requesting that Respondents Warden of the Pike County Correctional Facility, 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 Arzu, Respondents are detaining him and denying him 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 mandatory detention. (Doc. 1, at 5-6). 3. Arzu avers that because he previously entered the United States, was processed by immigration authorities, and released while his immigration case proceeds, he can only be detained under § 1226, under which he is entitled to a bond hearing. (Doc. 1, at 6-7). 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. Arzu shall make immediate and proper service of the petition for writ of habeas corpus (Doc. 1) and this Order on Respondent. 7. Respondents shall not transfer Arzu without further order of the Court. 8. Respondents shall file their response to Arzus petition on or before MONDAY, MAY 18, 2026. 9. Arzu shall file his traverse on or before MONDAY, MAY 25, 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 5/11/2026. (kl) (Entered: 05/11/2026)