Odiase v. ODDO
3:25-cv-00206
| W.D. Pa. | Jul 10, 2025Background:
- Ovbokhan Adun Odiase is a Nigerian citizen detained by U.S. Immigration and Customs Enforcement (ICE) at the Moshannon Valley Processing Center in Pennsylvania.
- Odiase is subject to a withholding of removal order under 8 U.S.C. § 1231(b)(3), arguing removal would violate statutory and constitutional rights.
- Odiase filed a habeas corpus petition under 28 U.S.C. § 2241 and sought an emergency temporary restraining order (TRO) or preliminary injunction against removal or transfer.
- Respondents include ICE officials and federal authorities (Oddo, McShane, Bondi, and Noem).
- The court temporarily halted Odiase's removal or transfer, preserving the status quo pending resolution of the emergency motion.
- The government must respond to the emergency motion, and the court may hold a subsequent hearing if warranted.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Impact of withholding of removal order on custody | Removal is barred by existing order | To be argued; just ordered to respond | Court ordered briefing; no final ruling yet |
| Risk of irreparable harm if not released | Continued detention causes harm | To be argued; just ordered to respond | Court ordered briefing; no final ruling yet |
| Court's jurisdiction under § 2241 or other law | Court has authority to intervene | To be argued; just ordered to respond | Court ordered briefing; no final ruling yet |
| TRO for immediate release | TRO warranted to prevent removal | To be argued; just ordered to respond | Court ordered Gov't response; TRO stayed removal/transfer |
Key Cases Cited
- Lucas v. Hadden, 709 F.2d 365 (3d Cir. 1986) (Court may exercise inherent power to grant temporary release in habeas cases)