Opinion

Warden

Court
District Court, M.D. Pennsylvania
Filed
Jun 25, 2026
Cited by
0 cases
Authority
More cited than 41.3%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF PENNSYLVANIA

TEJAS VISHNUBHAI PAREKH,

Petitioner, CIVIL ACTION NO. 3:26-CV-01719

v.

(MEHALCHICK, J.)

WARDEN, PIKE COUNTY

CORRECTIONAL FACILITY,

Respondent.

ORDER

Before the Court is Tejas Vishnubhai Parekh’s (“Parekh”) petition for writ of habeas

corpus. (Doc. 1). Parekh requests that Respondent Warden of the Pike County Correctional

Facility (“Respondent”) release him from custody. For the following reasons the Court finds

that Parekh’s petition is duplicative and shall be DENIED without prejudice.

The prohibition against successive petitions filed under 28 U.S.C. § 2254 or 28 U.S.C.

§ 2255 does not apply to petitions for habeas corpus filed in the immigration context under 8

28 U.S.C. § 2241; however, the abuse of writ doctrine may apply to bar successive

immigration habeas petitions. Zayas v. I.N.S., 311 F.3d 247, 255-56 (3d Cir. 2002); Abdel-Whab

v. Secretary of Dept. of Homeland Sec., 132 F. App’x 988, 989-90 (3d Cir. 2005). A successive

immigration habeas petition, “which raises grounds identical to those raised and rejected on

the merits, need not be entertained.” Esogbue v. Holmes, 142 F. App’x 98, 100 (3d Cir. 2005)

(citing Kuhlmann v. Wilson, 477 U.S. 436, 454 (1986)). When a petitioner fails to indicate any

new claims or provide an explanation for failing to raise such issues in his first habeas petition,

a successive § 2241 petition is properly dismissed as an abuse of the writ. Abdel-Whab, 132 F.

App’x at 990 (citing Zayas, 311 F.3d at 258).

An order of removal becomes final “upon expiration of the time allotted for an

appeal.” 8 C.F.R. § 1241.1; 8 U.S.C. § 1231. To appeal an order of removal, the petitioner or

respondent must file a notice to appeal with the Board of Immigration appeals (“BIA”) within

thirty calendar days of the immigration judge’s decision. 8 C.F.R. § 1003.38(b)(2). The date

the notice to appeal is deemed filed is the date the BIA receives the notice of appeal. 8 C.F.R.

§ 1003.38(c). Once an order of removal becomes final, “the Attorney General shall remove

the alien from the United States within a period of 90 days.” 8 U.S.C. § 1231(a)(1)(B).

Parekh’s instant petition is nearly identical to a petition for writ of habeas corpus he

previously filed, which the Court denied on June 11, 2026. (Doc. 1); Parekh v. Warden, 3:26-

cv-01375, Dkt. No. 13. The only difference between the two petitions is that in the instant

petition, Parekh indicates that he filed an appeal of his order of removal on June 6, 2026.

(Doc. 1, at 2, 5). However, Parekh’s appeal of his order of removal was not timely because he

failed to file his appeal within thirty days of April 20, 2026, the date the immigration judge

issued Parekh’s order of removal. Parekh v. Warden, 3:26-cv-01375, Dkt. No. 13; 8 C.F.R. §

1241.1; 8 C.F.R. § 1003.38(b)(2), (c). Accordingly, Parekh remains detained under 8 U.S.C.

§ 1231, and the government has arranged for Parekh’s removal within the statutory ninety-

day removal period. Parekh v. Warden, 3:26-cv-01375, Dkt. No. 13. As the posture of Parekh’s

confinement has not changed, and Parekh’s instant petition for writ of habeas corpus is

otherwise identical to his previously filed petition, the instant petition (Doc. 1) is successive

and duplicative and need not be entertained by the Court. Esogbue, 142 F. App’x at 100 (citing

Kuhlmann, 477 U.S. at 454); Abdel-Whab, 132 F. App’x at 990 (citing Zayas, 311 F.3d at 258).

For the foregoing reasons IT IS HEREBY ORDERED that Petitioner Tejas

Vishnubhai Parekh’s (“Parekh”) petition for writ of habeas corpus is DENIED without

prejudice. (Doc. 1). The Clerk of Court is directed to close this matter.

BY THE COURT:

Dated: June 25, 2026 s/ Karoline Mehalchick

KAROLINE MEHALCHICK

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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