Miguel Robles Corcuera v. Craig A. Lowe, et al.

CourtDistrict Court, M.D. Pennsylvania
DecidedFebruary 11, 2026
Docket3:26-cv-00084
StatusUnknown

This text of Miguel Robles Corcuera v. Craig A. Lowe, et al. (Miguel Robles Corcuera v. Craig A. Lowe, et al.) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miguel Robles Corcuera v. Craig A. Lowe, et al., (M.D. Pa. 2026).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA MIGUEL ROBLES CORCUERA,

Petitioner, CIVIL ACTION NO. 3:26-CV-00084 v. (MEHALCHICK, J.) CRAIG A. LOWE, et al.,

Respondents.

MEMORANDUM Petitioner, Miguel Robles Corcuera (“Corcuera”), a Mexican national seeking asylum in the United States, brings this petition for writ of habeas corpus. (Doc. 1). On January 15, 2026, Corcuera filed the instant petition, requesting that the Court order his release from custody at the Pike County Correctional Facility in Lords Valley, Pennsylvania or that Respondents Craig Lowe, Michael T. Rose, Todd M. Lyons, Kristi Noem, and Pamela Bondi1 provide a bond hearing pursuant to German Santos v. Warden Pike County Correctional

1 The government asserts that the only proper respondent in this case is Craig Lowe (“Lowe”), Warden of the Pike County Correctional Facility. (Doc. 6, at 1 n.1). “The federal habeas statute straightforwardly provides that the proper respondent to a habeas petition is ‘the person who has custody over [the petitioner].’” Rumsfeld v. Padilla, 542 U.S. 426, 434 (2004) (quoting 28 U.S.C. § 2242); 28 U.S.C. § 2243 (“[t]he writ, or order to show cause shall be directed to the person having custody of the person detained”); see Anariba v. Dir. Hudson Cnty. Corr. Ctr., 17 F.4th 434, 444 (3d Cir. 2021) (“if a § 2241 petitioner does not adhere to the immediate custodian rule, then the district court lacks jurisdiction to entertain the petition”). As Corcuera is detained at the Pike County Correctional Facility, Corcuera is the proper respondent. (Doc. 6, at 1 n.1); see Rumsfeld, 542 U.S. at 434. As such, all other respondents are DISMISSED. However, the government will be bound by the Court’s judgment because Lowe is acting as an agent of the federal government by detaining Corcuera on behalf of ICE. See Madera v. Decker, 18 Civ. 7314, 2018 WL 10602037, at *9-*10 (S.D.N.Y. Sep. 28, 2018) (finding the warden acts as an agent of the ICE regional director when ICE makes initial custody determinations including setting of a bond and review of conditions of release); Santana-Rivas v. Warden of Clinton County Correctional Facility, 3:25-cv-01896, 2025 WL 3522932, at *8 (M.D. Pa. Nov. 13, 2025) (finding same). Facility, 965 F.3d 203 (3d Cir. 2020). (Doc. 1). Pursuant to the Court’s Order to Show Cause (Doc. 2), the government filed a timely response to Corcuera’s petition on January 22, 2026. (Doc. 6). On January 29, 2026, Corcuera filed a traverse. (Doc. 7).For the following reasons, Corcuera’s petition (Doc. 1) is GRANTED.

I. FACTUAL AND PROCEDURAL BACKGROUND The following background and factual summary are derived from Corcuera’s petition and the exhibits thereto. (Doc. 1). Corcuera is a Mexican national, who left Mexico fearing for his life after he was kidnapped and severely beaten by gang members in Oaxaca. (Doc. 1, at 7). Corcuera entered the United States on April 10, 2023, and he was paroled into the country as an applicant for admission. (Doc. 1, at 7; Doc. 1-3). On September 30, 2023, New Jersey authorities arrested Corcuera on charges of aggravated assault and possession of a weapon. (Doc. 1-5). Corcuera allegedly hit a victim with an aluminum bat three times, causing injuries to the victim’s head, arm, and leg. (Doc. 1-11, at 117, 119). On October 15,

2025, the Superior Court of New Jersey sentenced Corcuera to pay a fine for the amended charge of simple assault. (Doc. 1-15). On or about October 6, 2023, Corcuera was detained by U.S. Immigration and Customs Enforcement (“ICE”) at the Moshannon Valley Processing Center in Phillipsburg, Pennsylvania. (Doc. 1, at 8). On December 1 and 15, 2023, Corcuera appeared before Immigration Judge Tamar Wilson (“IJ Wilson”) at the Elizabeth Immigration Court and requested additional time to find an attorney. (Doc. 1, at 8). On January 12, 2024, Corcuera again asked IJ Wilson for additional time to find an attorney, but IJ Wilson did not respond to Corcuera’s request for additional time and, instead, ruled on the pleadings. (Doc. 1, at 8).

IJ Wilson determined that Corcuera was not eligible for asylum and ordered Corcuera removed from the United States. (Doc. 1, at 8). Corcuera reserved the right to appeal and retained counsel, who timely filed a Notice of Appeal on his behalf, asserting that the immigration court violated his Fifth Amendment right to counsel. (Doc. 1, at 9; Doc. 1-7, at 5-7). The Board of Immigration Appeals (“BIA”) dismissed Corcuera’s appeal on May 9, 2025. (Doc. 1, at 9). Corcuera then filed a petition for

review and motion for stay of removal before the Third Circuit. (Doc. 1, at 9, Doc. 1-7). On August 22, 2024, the Third Circuit found that Corcuera demonstrated a violation of his right to counsel, granted the motion for stay of removal, and remanded the case to the BIA. (Doc. 1, at 9). On July 12, 2024, Corcuera filed a motion for a custody redetermination hearing. (Doc. 1, at 9). However, at the hearing on July 19, 2024, Corcuera withdrew his bond request so his counsel could conduct research on the issue of whether the immigration court had jurisdiction to set bond. (Doc. 1, at 9). On November 1, 2024, Corcuera filed a subsequent motion for a custody redetermination hearing, and on November 6, 2024, the Immigration

Judge Adrian Armstrong (“IJ Armstrong”) found that the immigration court did not have jurisdiction to set bond, and even if it did, Corcuera was not eligible for release on bond because he is a danger and a flight risk. (Doc. 1, at 10; Doc. 1-12; Doc. 1-13). Corcuera filed a timely Notice of Appeal, and on January 31, 2025, the BIA dismissed Corcuera’s bond appeal. (Doc. 1, at 10; Doc. 1-14). Corcuera also filed three parole requests with ICE via email on July 23, 2024; December 18, 2024; and November 20, 2025. (Doc. 1, at 10; Doc. 1-16; Doc. 1-17). ICE denied all three parole requests. (Doc. 1, at 10; Doc. 1-16; Doc. 1-17). To date, Corcuera has been detained for over twenty-seven months, since encountering ICE on October 6, 2023. (Doc. 1, at 2). II. LEGAL STANDARD 28 U.S.C. § 2241 governs a district court’s power to grant the writ of habeas corpus. Under 28 U.S.C. § 2241(b), the writ of habeas corpus extends to petitioners “in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or

decree of a court or judge of the United States.” Claims where non-citizens challenge immigration enforcement-related detention “fall within the ‘core’ of the writ of habeas corpus and thus must be brought in habeas.” Trump v. J. G. G., 604 U.S. 670, 672 (2025) (quoting Nance v. Ward, 597 U.S. 159, 167 (2022)). “For ‘core habeas petitions,’ ‘jurisdiction lies in only one district: the district of confinement.’” J. G. G., 604 U.S. at 672. While reviewing a noncitizen’s habeas petition, courts evaluate whether the government complied with regulatory, statutory, and constitutional protections for noncitizens. See Martinez v. McAleenan, 385 F. Supp. 3d 349 (S.D.N.Y.

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