Middle District of Pennsylvania • 3:25-cv-02569

#1

Dec 31, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $5, Receipt Number APAMDC-), filed by Yicheng Qiu. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Index, # 3 Exhibit A - Notice to Appear, # 4 Proposed Order)(lp) (Entered: 12/31/2025)

#2

Dec 31, 2025

MOTION for Preliminary Injunction by Yicheng Qiu. (Attachments: # 1 Memorandum of Law in Support of Motion for Preliminary Injunction, # 2 Proposed Order)(lp) (Entered: 12/31/2025)

#3

Dec 31, 2025

ORDER TO SHOW CAUSE - 1. Qiu, a Chinese national, filed the instant petition and motion for a preliminary injunction on December 31, 2025, requesting that Respondents Craig A. Lowe, Michael T. Rose, Kristi Noem, the Department of Homeland Security, Pamela Bondi, and the Executive Office for Immigration Review (collectively, Respondents) release him from custody at the Pike County Correctional Facility in Pike County, Pennsylvania and that the Court enjoin Respondents from detaining him pursuant to 8 U.S.C. § 1225. 2. According to Qiu, Respondents are detaining him pursuant to § 1225 even though he has been in the United States since May 2, 2024. 3. Qiu avers that Respondents illegally detained him without providing him a bond hearing because he may only be detained pursuant to 8 U.S.C. § 1226, and § 1226 generally entitles detained noncitizens to bond hearings. 4. Courts in the Third Circuit have determined 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. 5. Courts in the Third Circuit have further found that noncitizens detained pursuant to § 1226 are generally entitled to a bond hearing. 6. Qiu shall make immediate and proper service of the petition for writ of habeas corpus (Doc. 1), the motion for a preliminary injunction (Doc. 2), and this Order on Respondents. 7. Respondents shall not transfer Qiu without further order of the Court. 8. Respondents shall file their response to Qius petition and motion for a preliminary injunction on or before 12:00 p.m. on Tuesday, January 6, 2026. SEE ORDER FOR COMPLETE DETAILS. Show Cause Response due by 1/6/2026. Signed by Honorable Karoline Mehalchick on 12/31/2025. (cw) (Entered: 12/31/2025)