Middle District of Pennsylvania • 3:26-cv-01333

#1

May 15, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, Receipt Number 111105405), filed by Luis Rafael Palencia-Arias. (Attachments: # 1 Exhibit A - Drivers License, # 2 Exhibit B - Pending Asylum Application, # 3 Exhibit C - Employment Authorization, # 4 Exhibit D - Social Security Number, # 5 Exhibit E - Letters of Good Moral Character, # 6 Exhibit F - Traffic Matters and Paid Tickets, # 7 Exhibit G - Tax Returns, # 8 Exhibit H - Proof of Service) (ea) Modified on 5/15/2026 (ea). (Entered: 05/15/2026)

#2

May 15, 2026

PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: # 1 AO 85 Notice & Consent Form) (ea) (Entered: 05/15/2026)

#3

May 18, 2026

ORDER TO SHOW CAUSE: 1. Palencia-Arias filed the instant petition on May 15, 2026, requesting that the Court release him from custody at the Pike County Correctional Facility in Lords Valley, Pennsylvania. (Doc. 1). 2. According to Palencia-Arias, Immigration and Customs Enforcement (ICE) arrested and detained him on March 18, 2026, after Palencia-Arias appeared in state court for minor traffic-related matters. (Doc. 1, at 7). 3. Palencia-Arias submits that he has strong community ties, work authorization, no serious criminal convictions, and a pending asylum application. (Doc. 1, at 7). 4. Based on the limited information available in the petition, it appears that ICE detained Palencia-Arias pursuant to 8 U.S.C. § 1226(a), under which he is entitled to a bond hearing. (See Doc. 1). 5. Courts in the Third Circuit have found that § 1226 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. 6. Courts in the Third Circuit have further found that noncitizens detained pursuant to § 1226 are generally entitled to a bond hearing. 7. The Clerk of Court shall make immediate and proper service of the petition for writ of habeas corpus (Doc. 1) and this Order on Respondent. 8. Respondent shall not transfer Palencia-Arias without further order of the Court. 9. Respondent shall file his response to Palencia-Ariass petition on or before MONDAY, MAY 25, 2026. 10. Palencia-Arias shall file his traverse on or before MONDAY, JUNE 1, 2026. Signed by Honorable Karoline Mehalchick on 5/18/2026. (kl) (Entered: 05/18/2026)

#4

May 18, 2026

SHOW CAUSE ORDER and PETITION Served on U.S. Attorney via hand delivery and Warden of Pike County Correctional Facility via regular U.S. mail. (dj) (Entered: 05/18/2026)

May 18, 2026

Receipt of payment from LUIS RAFAEL PALENCIA ARIAS in the amount of $5.00 for Writ of Habeas Corpus. Transaction posted on 5/15/2026. Receipt number 111105405 processed by AA. (jjs)