Middle District of Pennsylvania • 3:25-cv-02413
Diaz Aparicio v. Lowe
Active
Case Information
Filed: December 15, 2025
Assigned to:
Joseph F. Saporito Jr.
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
December 23, 2025
Parties:
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Docket Entries
#1
Dec 15, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $5, Receipt Number APAMDC-7213173), filed by Martin Raul Diaz Aparicio. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibits - Redacted Exhibits, # 3 Application for Order to Show Cause with Proposed Order)(lp) (Entered: 12/15/2025)
Main Document:
PETITION
#2
Dec 16, 2025
ORDER TO SHOW CAUSE. The Clerk shall serve a copy of the petition (Doc. 1) and this Order on the proper respondent, Craig Lowe, Warden of Pike County Correctional Facility, and on the United States Attorney, and note the address of the United States Attorney on the front of the docket sheet of this case. All documents filed by the parties and by the Court shall be served upon the United States Attorney. See R. 4, 28 U.S.C. foll. § 2254.3.In light of the expedited response time set forth below, the Clerk shall also promptly deliver a courtesy copy of the petition (Doc. 1) and this Order to the United States Attorney by e-mail or hand delivery;4.Within seven (7) days after the date of this Order, the respondent shall file an answer, motion, or other response to the allegations of the petition. See R. 4, 28 U.S.C. foll. § 2254; R. 5, 28 U.S.C. foll. § 2254.5.The petitioner shall, if he so desires, file a reply to the respondents answer or other pleading within seven (7) days after its service. See R. 5(e), 28 U.S.C. foll. § 2254.6.A determination as to whether the petitioner shall be produced for a hearing will be held in abeyance pending the filing of the respondents answer or other pleading.7.To the extent the petitioners application for issuance of an order to show cause (Doc. 1-3) requests a temporary restraining order or preliminary injunctive relief, the petitioner has failed to comply with the procedural requirements of Fed. R. Civ. P. 7(b)(1) (A request for a court order must be made by motion.), Fed R. Civ. P. 65(a)(1) (The court may issue a preliminary injunction only on notice to the adverse party.), and Fed. R. Civ. P. 65(b)(1) (requiring specific facts in an affidavit or verified complaint to clearly show immediate and irreparable harm will result before the respondent can be heard in opposition and an attorneys certification of efforts to give notice or why notice should not be required), and thus such request is DENIED without prejudice. Show Cause Response due by 12/24/2025. Signed by Honorable Joseph F. Saporito, Jr on 12/16/25. (ms) (Entered: 12/16/2025)
Main Document:
ORDER
#3
Dec 17, 2025
SHOW CAUSE ORDER and PETITION for Writ of Habeas Corpus, Served on U.S. Attorney's Office via hand delivery and Warden Craig Lowe at Pike County Correctional Facility via regular mail. (klr) (Entered: 12/17/2025)
Main Document:
SHOW
#4
Dec 23, 2025
RESPONSE TO PETITION FOR HABEAS CORPUS by Craig Lowe by Craig Lowe. (Attachments: # 1 Exhibit(s) Ex. Index, # 2 Exhibit(s) Ex 1 NTA, # 3 Exhibit(s) Ex 2 EOIR, # 4 Unpublished Opinion(s))(Swauger, Melissa) (Entered: 12/23/2025)
Main Document:
RESPONSE
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