Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION
No. 26-35-KSM
ORDER
AND NOW this 8th day of January, 2026, upon consideration of Petitioner’s Petition for
Writ of Habeas Corpus (Doc. No. 1), Petitioner’s Motion for Temporary Restraining Order (Doc.
No. 2), and Respondents’ Opposition (Doc. No. 5), it is ORDERED that the Petition is
GRANTED as follows:
1. 	Petitioner is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2), and
is instead subject to detention, if at all, pursuant to the discretionary provisions of 8 U.S.C.
§ 1226(a).
2. 	The Government shall RELEASE Petitioner from custody immediately. Counsel
shall certify compliance with this Order and the accompanying Memorandum by filing on the
docket no later than 5:00 p.m. EST on January 8, 2026.
3. 	The Government is temporarily enjoined from re-detaining Petitioner for seven
days following his release from custody.
4. 	If the Government pursues re-detention of Petitioner after that seven-day period,
they must first provide him with a bond hearing, at which an immigration judge shall determine
AQIB HUSSAIN,
Petitioner,
v.
DAVID O’NEILL, Acting Field Office Director,
Philadelphia Field Office Immigration and
Customs Enforcement, et al.,
Respondents.
Case 2:26-cv-00035-KSM Document 7 Filed 01/08/26 Page 1 of 2

whether detention is warranted pending the resolution of Petitioner’s removal proceedings.
Pending that bond hearing, the Government cannot remove, transfer, or otherwise facilitate the
removal of Petitioner from the Eastern District of Pennsylvania before the ordered bond hearing.
If the immigration judge determines that Petitioner is subject to detention under 8 U.S.C.
§ 1226(a), the Government may request permission from this Court to move Petitioner if
unforeseen or emergency circumstances arise that require him to be removed from the District.
Any such request must include an explanation for the request as well as the proposed destination.
The Court will then determine whether to grant the request and permit transfer.
IT IS FURTHER ORDERED that Petitioner’s Motion for Temporary Restraining Order
(Doc. No. 2) is DENIED as MOOT. The Clerk of Court shall mark this matter CLOSED.
IT IS SO ORDERED.
/s/Karen Spencer Marston
______________________________
KAREN SPENCER MARSTON, J.
Case 2:26-cv-00035-KSM Document 7 Filed 01/08/26 Page 2 of 2