3:26-cv-00395•Case Name in Immigration Case - Unavailable
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Case 3:26-cv-00395-RDM Document 7 Filed 03/03/26 Page 1 of 2
Case 3:26-cv-00395-RDM Document 7 Filed 03/03/26 Page 2 of 2
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AUTHENTIC Case 3:26-cv-00395-RDM Document7 Filed 03/03/26 Page 1of2 | | | | : IN THE UNITED STATES DISTRICT COURT | FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MAMADOU SALIOU DIALLO Petitioner, : 3:26-cv-395 (JUDGE MARIANI) V. CRAIG LOWE, in his Official Capacity FILED as Warden of the Pike County ; SCRANTON Correctional Facility et al., : aaa : MAR 0.3 2026 Respondents. PER ; Y fe | DEPUTY CLERK ORDER AND NOW, THIS 3rd DAY OF MARCH 2026, upon consideration of Petitioner Mamadou Saliou Diallo Petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, (Doc. 1), Respondents’ response, (Doc. 3), Petitioner's reply, (Doc. 4), and for the reasons set forth in the accompanying memorandum opinion, IT IS HEREBY ORDERED THAT: 1. Petitioner's habeas petition, (Doc. 1), is GRANTED. 2. Respondents SHALL IMMEDIATELY RELEASE Petitioner Diallo from the custody of Respondent Craig Lowe, Warden of the Pike County Correctional Facility, who has immediate physical custody of Petitioner. 3. Respondents SHALL CERTIFY COMPLIANCE with the Court’s Order by filing a declaration or affidavit pursuant to 28 U.S.C. § 1746 no later than Thursday March 5, 2026 at 5: 00 P.M. confirming that Petitioner Diallo has been released from custody. 4, Respondents are PERMANENTLY ENJOINED from detaining Petitioner pursuant to 8 U.S.C. § 1225. | Case 3:26-cv-00395-RDM Document7 Filed 03/03/26 Page 2 of 2 | 5. i Respondents elect to later detain Petitioner under 8 U.S.C. § 1226, the Respondents must provide Petitioner with notice and an opportunity to be heard at a timely individualized bond hearing, where an Immigration Judge assesses whether he is a danger or fight risk. 6. Petitioner may file a petition for fees and costs under the Equal Access to Justice Act and brief in support. 7. Respondents may file a response to Petitioner’s requests for fees and costs — under the Equal Access to Justice Act, no later than two (2) weeks after receiving Petitioner's brief and fee petition. 8. Petitioner may file a reply, no later than two (2) weeks after receipt of Respondents’ response. 9. The Clerk of Court is DIRECTED to CLOSE this case. 1 iN | a Robert B. Mariani United States District Judge
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