Odiase v. ODDO
3:25-cv-00206
| W.D. Pa. | Jul 10, 2025|
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Docket
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JOHNSTOWN DIVISION
OVBOKHAN ADUN ODIASE, )
)
Petitioner ) 3:25-CV-00206-SLH
)
Vs. ) STEPHANIE L. HAINES
) UNITED STATES DISTRICT JDUGE
LEONARD ODDO, et al., )
)
ORDER
Now pending before the Court is a petition seeking a writ of habeas corpus under 28 U.S.C.
§ 2241 (“Petition”) and an emergency motion for a temporary restraining order or preliminary
injunction (“Motion”) filed by Petitioner Ovbokhan Adun Odiase, a Nigerian citizen presently
detained by the United States Immigration and Customs Enforcement (“ICE”) in the Moshannon
Valley Processing Center (“Moshannon”). See ECF No. 1 (Petition); ECF No. 2 (Motion).
Petitioner alleges that she is currently subject to a withholding of removal order under 8 U.S.C.
§ 1231(b)(3), and asserts that her removal would violate both her statutory protections under the
Immigration and Nationality Act and her rights under the Constitution. Named as Respondents
are Leonard Oddo, Warden of Moshannon Valley Processing Center; Brian McShane, Acting Field
Office Director of the Immigration and Customs Enforcement, Enforcement and Removal
Operations Philadelphia Field Office; United States Attorney General Pamela Bondi, and United
States Secretary of Homeland Security Kristi Noem (collectively, “the Government”).
In light of the seriousness of the relief sought, and in accordance with the procedures set
forth in Rule 65 of the Federal Rules of Civil Procedure, it is hereby ORDERED that the
Government shall file and serve a written response to Petitioner’s Emergency Motion for an
Emergency Temporary Restraining Order no later than 4:30 PM on July 17, 2025. Aside from
any arguments the Government wishes to make, the Response shall specifically address:
A.
The applicability and effect of the Petitioner’s withholding of removal order under
8 U.S.C. § 1231(b)(3) on her continued custody;
Whether Petitioner faces a substantial risk of irreparable harm if not released from
custody;
Whether jurisdiction exists in this Court under 28 U.S.C. § 1331, 28 U.S.C.
§ 2241, or other relevant authority;
Whether a temporary restraining order should issue pursuant to Federal Rule of
Civil Procedure 65 directing Petitioner’s immediate release from custody;
Whether such an order should issue pursuant to this Court’s inherent powers as
discussed in Lucas v. Hadden, 709 F.2d 365 (3d Cir. 1986). See also United
States v. Mugabe, 2025 WL 1747056, at *3 (D.N.J. June 24, 2025) (“District
courts have discretion to order bail pending the outcome of habeas proceedings.”’)
(citation omitted); Iskhakov v. Oddo, 2025 WL 834510, at *1 (W.D. Pa. Mar. 17,
2025).
The Petitioner may, but is not required to, file and serve a Reply to any response submitted by the
Government by 4:30 PM on July 18, 2025. The Court will schedule a hearing on the Emergency
Motion for Temporary Restraining Order as necessary following receipt of the Government’s
response.
Further, in the interest of judicial efficiency and to preserve the status quo, the Court
temporarily ORDERS that Petitioner not be removed from the United States or transferred to
another immigration facility outside of the Western District of Pennsylvania until further order of
the Court. This temporary administrative stay shall remain in effect solely to allow for resolution
of the pending emergency motion and does not constitute a ruling on the merits of the motion or
the Petition.
IT IS FURTHER ORDERED that Petitioner shall place security in the nominal amount of
$1.00 with the Court within seven (7) days of the date of this Order. If presented as cash or check,
the funds will be placed in the local Court Registry and will remain there until further order of
court.
SO ORDERED and DATED this i) day of July, 2025.
BYTHEGOURT: 4
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STEPHANIE L. HAINES
‘UNITED STATES DISTRICT JUDGE