Middle District of Pennsylvania • 3:25-cv-02413

#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)

#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)

#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)

#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)

#5

Dec 30, 2025

REPLY by Martin Raul Diaz Aparicio. to 4 Response to Petition for Habeas Corpus . (Hoffmann, Karen) (Entered: 12/30/2025)

#6

Dec 30, 2025

CERTIFICATE OF SERVICE by Martin Raul Diaz Aparicio re 5 Reply (Do not use this event if your document is a Brief) (Hoffmann, Karen) (Entered: 12/30/2025)

#7

Jan 01, 2026

NOTICE of Appearance by Melissa Swauger on behalf of Craig Lowe. (Swauger, Melissa) (Entered: 01/01/2026)

#8

Jan 20, 2026

NOTICE by Craig Lowe re 4 Response to Petition for Habeas Corpus (Notice of Supplemental Authority) (Swauger, Melissa) (Entered: 01/20/2026)

#9

Jan 22, 2026

ORDER in light of the recent decision by the United States Court of Appeals for the Third Circuit in Khalil v. President, ___ F.4th ____, 2026 WL 111933 (3d Cir. Jan. 15, 2026) (per curiam), and in light of the respondents contention that this court is deprived of jurisdiction in this matter under 8 U.S.C. § 1252(b)(9), IT IS HEREBY ORDERED THAT the parties shall file supplemental briefs addressing the application of Khalil to the legal or factual questions raised by the petition within fourteen (14) days after entry of this order. Signed by Honorable Joseph F. Saporito, Jr on 01/22/2026. (nrr) (Entered: 01/22/2026)

#10

Feb 02, 2026

Supplement by Craig Lowe. to 8 Notice, 9 Order,, (Respondent's Supplemental Brief and Notice of Withdrawal of Argument). (Attachments: # 1 Unpublished Opinion(s))(Swauger, Melissa) (Entered: 02/02/2026)