Middle District of Pennsylvania • 3:26-cv-01501

#1

Jun 02, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, Receipt Number 7435610), filed by Wilton Marcena. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Notice to Appear) (ea) (Entered: 06/03/2026)

#2

Jun 10, 2026

ORDER TO SHOW CAUSE: 1. Marcena filed the instant petition on June 2, 2026, requesting that Respondents Jessica Sage and John Rife (together Respondents) release him from custody at the Federal Correctional Institution Lewisburg (FCI Lewisburg) in Lewisburg, Pennsylvania or provide an individualized bond hearing before an immigration judge. (Doc. 1). 2. According to Marcena, Respondents categorically revoked his parole and detained him without opportunity for release on bond in violation of the Administrative Procedure Act, the Due Process Clause of the Fifth Amendment, the Accardi doctrine, and the Immigration and Nationality Act. (Doc. 1, at 11-14). 3. Marcena avers that Respondents should have detained him pursuant to 8 U.S.C. § 1226(a), not § 1225(b)(2)(A) or § 1225(b)(1), because Immigration and Customs Enforcement (ICE) paroled Marcena into the United States, where he lived for three years before ICE apprehended and detained him. (Doc. 1, at 14). 4. Courts in the Third Circuit have found that § 1226, not § 1225, 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. Marcena 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 Marcena without further order of the Court. 8. Respondents shall file their response to Marcena's petition on or before WEDNESDAY, JUNE 17, 2026. 9. Marcena shall file his traverse on or before WEDNESDAY, JUNE 24, 2026. If he does not intend to file a traverse, counsel shall notify the Court as such, by email to judge_mehalchick@pamd.uscourts.gov with copy to all counsel of record. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Karoline Mehalchick on 6/10/2026. (kl) (Entered: 06/10/2026)

#3

Jun 12, 2026

NOTICE of Appearance by Timothy S. Judge on behalf of John Rife, Jessica Sage (Judge, Timothy) (Entered: 06/12/2026)

#4

Jun 17, 2026

RESPONSE TO PETITION FOR HABEAS CORPUS by John Rife, Jessica Sage by John Rife, Jessica Sage. (Attachments: # 1 Exhibit List Exhibit Index, # 2 Exhibit(s) Ex 1 - Record of Deportable-Inadmissible Alien, # 3 Exhibit(s) Ex 2 - Notice to Appear, # 4 Exhibit(s) Ex 3 - Order of Immigration Judge, # 5 Exhibit(s) Ex 4 - Appeal Receipt)(Judge, Timothy) (Entered: 06/17/2026)

#5

Jun 24, 2026

TRAVERSE by Wilton Marcena to 4 Response to Petition for Habeas Corpus, . (Attachments: # 1 Exhibit(s) A, B)(Casazza, Christopher) (Entered: 06/24/2026)

#6

Jun 29, 2026

MEMORANDUM (Order to follow as separate docket entry) Signed by Honorable Karoline Mehalchick on 6/29/2026. (kl) (Entered: 06/29/2026)

#7

Jun 29, 2026

ORDER: Marcena's petition for writ of habeas corpus is GRANTED. (Doc. 1). Sage is ORDERED to release Marcena from custody. Sage is also permanently enjoined from re-detaining Marcena under § 1225(b). Marcena may move to reopen this matter if the government seeks to detain him under § 1226(a) and fails to schedule a timely bond hearing. The Clerk of Court is directed to close this matter. Signed by Honorable Karoline Mehalchick on 6/29/2026. (kl) (Entered: 06/29/2026)