Middle District of Pennsylvania • 3:25-cv-02276

#1

Nov 28, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $5, Receipt Number APAMDC-7196314), filed by Luis Alberto Paredes Quispe. (Attachments: # 1 Exhibit(s), # 2 Civil Cover Sheet) (ibr) (Entered: 11/28/2025)

#2

Nov 30, 2025

ORDER TO SHOW CAUSE - AND NOW, on this 30th day of November 2025, in consideration of Petitioner Luis Alberto Paredes Quispes (Quispe) petition for writ of habeas corpus (Doc. 1), the Court finds the following and ORDERS: 1. Quispe filed the instant petition on November 28, 2025, requesting that he be released from custody at the Pike County Jail in Milford, Pennsylvania or that Respondents Michael T. Rose, Kristi Noem, Department of Homeland Security, Pamela Bondi, Executive Office for Immigration Review, and Craig A. Lowe (collectively, Respondents) provide a bond hearing pursuant to 8 U.S.C. § 1226 within seven days. (Doc. 1). 2. According to Quispe, 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 detention. (Doc. 1, at 8). 3. Quispe avers that because he has been residing in the United States for over three years, he can only be detained pursuant to § 1226, under which he is entitled to a bond hearing. (Doc. 1, at 3, 6-11). 4. Courts in the Third Circuit have determined § 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. Quispe 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 QUISPE WITHOUT FURTHER ORDER OF THE COURT. 8. Respondents shall file their response to Quispes petition on or before WEDNESDAY, DECEMBER 3, 2025. SEE ORDER FOR COMPLETE DETAILS. Show Cause Response due by 12/3/2025. Signed by Honorable Karoline Mehalchick on 11/30/2025. (cw) (Entered: 11/30/2025)