Immigrant seeks release from Moshannon Valley ICE Processing Center

Petition contends detention illegal due to timely asylum filing

An immigrant from India, who, with his family, has lived in the United States for more than two years, has filed a federal petition seeking his release from the Moshannon Valley ICE Processing Center in Clearfield County.

The case of Mihir Dilipbhai Darji is presently before the Immigration Court in Philadelphia.

His federal petition, filed Monday in the U.S. District Court in Johnstown by Philadelphia Attorney Rizwan M. Khalid, explained that Darji entered the United States on July 11, 2024.

The petition states that Darji since coming to the United States "has been abiding by all the laws and norms.

"He has strong ties to the community and is not a flight risk.

"He filed his asylum duly within a year after arrival in the U.S.," the petition concludes.

However, he is now being detained by Immigration and Customs Enforcement as a noncitizen seeking to enter the country -- an alleged illegal classification -- according to the petition filed on his behalf.

As an individual "seeking entry" he therefore is subject to mandatory detention, according to ICE.

However, Darji's petition argues that he has lived in the United States for more than two years and therefore is not "seeking admission."

The misunderstanding, according to the Darji petition, occurred as the result of a Sept. 5, 2025, "precedential decision" by the Board of Immigration Appeals that reinterpreted the Immigration and Nationality Act.

For three decades, individuals detained by ICE in the interior of the country have been eligible to seek bond hearings.

However, under the

September 2025 decision by the Board of Immigration Appeals, those individuals are now subject to mandatory detention.

Dariji's request for bond has been denied under the new policy, the petition contends.

It also proclaims that Darji's continued detention violates federal bond regulations and that his detention is illegal.

Finally, the Darji petition argues his detention is a violation of his Fifth Amendment right to due process.

It asks that:

– Darji not be transferred by ICE outside of the Western District of Pennsylvania.

– The federal judge hearing the case declare Darji's detention illegal.

– The court order Darji's immediate release from detention.

Attorney Arnold P. Bernard of the U.S. Attorney's Office in Johnstown will represent the defendants, including the Director of ICE, the Secretary of the Department of Homeland Security and the Attorney General.

U.S. District Judge Arthur J. Schwab of Pittsburgh will preside over the case.