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)

#11

Feb 02, 2026

Emergency MOTION for Temporary Restraining Order by Martin Raul Diaz Aparicio. (Attachments: # 1 Exhibit(s), # 2 Memo, # 3 Proposed Order)(Hoffmann, Karen) (Entered: 02/02/2026)

#12

Feb 03, 2026

BRIEF IN SUPPORT re 11 Emergency MOTION for Temporary Restraining Order filed by Martin Raul Diaz Aparicio.(Hoffmann, Karen) (Entered: 02/03/2026)

#13

Feb 03, 2026

ORDER denying in part and deferring in part 11 Motion for TRO. 1. The petitioners emergency motion for immediate release (Doc. 11) is DENIED in part and DEFERRED in part;a.To the extent the petitioners motion requests the entry of a temporary restraining order under Fed. R. Civ. P. 65(b), it is DENIED; andb.To the extent the petitioners motion requests the entry of a preliminary injunction under Fed. R. Civ. P. 65(a), a ruling shall be DEFERRED until the respondent has had an opportunity to be heard in response to the motion;2.The respondent shall file and serve a brief in response to the motion within three (3) days after entry of this order; 3.In his brief in response, the respondent shall state his position with respect to whether an evidentiary hearing need be held with respect to this motion;4.If the respondent indicates that an evidentiary hearing should be held in this matter, the clerk shall schedule the hearing to take place not less than five (5) days after entry of this order; and5.The petitioner may file and serve a reply brief within two (2) days after service of the respondents brief in response, but no later than the day prior to the scheduled hearing. Signed by Honorable Joseph F. Saporito, Jr on 2/3/26 (ms) (Entered: 02/03/2026)

Feb 03, 2026

DOCKET ANNOTATION: Counsel is asked to refile the brief in support, which is attached to the motion for TRO Doc 11 as a separate document. Brief in support can be found under responses and replies. (cw)

#14

Feb 06, 2026

BRIEF IN OPPOSITION re 11 Emergency MOTION for Temporary Restraining Order filed by Craig Lowe. (Attachments: # 1 Exhibit(s) Ex. 1 NTA, # 2 Unpublished Opinion(s))(Swauger, Melissa) (Entered: 02/06/2026)

#15

Feb 08, 2026

REPLY BRIEF re 11 Emergency MOTION for Temporary Restraining Order filed by Martin Raul Diaz Aparicio.(Hoffmann, Karen) (Entered: 02/08/2026)

#16

Feb 25, 2026

MEMORANDUM (Order to follow as separate docket entry) re 1 Petition for Writ of Habeas Corpus, filed by Martin Raul Diaz Aparicio. For the foregoing reasons, the court concludes that the petitioner is currently detained pursuant to 8 U.S.C. § 1226(a), not 8 U.S.C. § 1225(b)(2), and thus he is entitled to an individualized bond hearing. Accordingly, the petition will be granted, and the government will be ordered to provide the petitioner with an individualized bond hearing within twenty-one days or to release him from custody. The petitioners motion for preliminary injunctive relief will be denied as moot.An appropriate order follows. Signed by Honorable Joseph F. Saporito, Jr on 2/25/26. (ms) (Entered: 02/25/2026)

#17

Feb 25, 2026

ORDER (memorandum filed previously as separate docket entry). In accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:1.The petition (Doc. 1) is GRANTED;2.The government shall either provide Diaz Aparicio with an individualized bond hearing within twenty-one (21) days after entry of this order or release Diaz Aparicio on his own recognizance pursuant to 8 U.S.C. § 1226(a);3.At this individualized bond hearing, the government shall bear the burden of proving by clear and convincing evidence that the petitioners continued detention is necessary to prevent him from fleeing or harming the community;4.The parties shall file a written notice of the outcome of this individualized bond determination by an immigration judge within seven (7) days after the date of the hearing;5.The petitioners emergency motion for immediate release (Doc. 11) is DENIED as MOOT to the extent it requests the entry of a preliminary injunction under Fed. R. Civ. P. 65(a); and6.The clerk is directed to mark this case as CLOSED. Signed by Honorable Joseph F. Saporito, Jr on 2/25/26. (ms) (Entered: 02/25/2026)