Western District of Pennsylvania • 3:26-cv-00080

#1

Jan 22, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-9313470), filed by Victor GALDAMEZ MELENDEZ. (Attachments: # 1 Exhibit 1. Detainee Locator, # 2 Civil Cover Sheet) (Kohn, Zachary) (Entered: 01/22/2026)

#2

Jan 22, 2026

MOTION for attorney Zachary Abraham Kohn to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9313511) by Victor GALDAMEZ MELENDEZ. (Attachments: # 1 Exhibit Exh. 1, Certificate of Good Standing, # 2 Affidavit Pro Hac Vice Attorney Affidavit, # 3 Proposed Order) (Kohn, Zachary) (Entered: 01/22/2026)

#3

Jan 22, 2026

ORDER granting 2 Motion for Zachary A. Kohn to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 1/22/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mkn) (Entered: 01/22/2026)

Jan 22, 2026

Order on Motion to Appear Pro Hac Vice

Jan 22, 2026

Judge Christy Criswell Wiegand added. (ert)

#4

Jan 26, 2026

Amended Complaint

#5

Feb 02, 2026

Case Management Order

#6

Feb 02, 2026

CERTIFICATE of Compliance re 5 Case Management Order by Zachary Abraham Kohn on behalf of Victor GALDAMEZ MELENDEZ (Attachments: # 1 Copy of Email) (Kohn, Zachary) (Entered: 02/02/2026)

Feb 02, 2026

CLERK'S NOTICE OF CORRECTION re 4 Amended Complaint. ERROR: Wrong event selected. CORRECTION FOR FUTURE FILINGS: Attorney should have used the Amended Document not motion event. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (ert)

#7

Feb 05, 2026

NOTICE of Appearance by Donovan Cocas on behalf of PAMELA JO BONDI, TODD LYONS, KRISTI NOEM, DAVID O'NEILL, LEONARD ODDO. (Cocas, Donovan) (Entered: 02/05/2026)

#8

Feb 06, 2026

SCHEDULING ORDER: Responsive pleading to 1 Petition for Writ of Habeas Corpus due by 3/4/2026. Signed by Judge Christy Criswell Wiegand on 2/6/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw) (Entered: 02/06/2026)

Feb 06, 2026

Order

#9

Feb 14, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by TODD LYONS, KRISTI NOEM, DAVID O'NEILL, LEONARD ODDO, KURT WOLFORD. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Cocas, Donovan) (Entered: 02/14/2026)

#10

Feb 17, 2026

ORDER DISMISSING WITHOUT PREJUDICE 4 Amended PETITION for Habeas Corpus. Before the Court is an Amended Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, brought by Petitioner, Victor Galdamez Melendez, an immigration detainee who was confined at the Cambria County Jail in this District at the inception of this case, ECF No. 1-1, and is now located at the Adams County Correctional Center in Missouri, ICE Detainee Locator, U.S. Immigr. & Customs Enf't, https://locator.ice.gov (last visited Feb. 17, 2026). Petitioner challenges his detention and asserts that he is subject to discretionary detention pursuant to § 1226(a) and not mandatory detention under § 1225(b)(2) and therefore that he is entitled to a bond hearing. Petitioner filed an initial 1 petition on 1/22/2026 and subsequently filed the operative 4 Amended Petition on 1/26/2026 (docketed as an "Amended Complaint[,]" but titled "Amended Petition for Writ of Habeas Corpus"). ECF No. 4. On 2/9/2026, Petitioner attended a hearing on removal proceedings before an Immigration Judge. See ECF No. 9-2. During or shortly after the hearing, Petitioner applied for voluntary departure in lieu of removal, and an Immigration Judge granted the request. ECF Nos. 9; 9-5. According to the Immigration Judge's Order, Petitioner also "waived appeal of all issues." ECF No. 9-5. Because Petitioner has consented to voluntary departure, and because both Petitioner and the Department of Homeland Security waived any appeal of the Immigration Judge's Order, Petitioner has received a final order of removal. See Calzado Diaz v. Noem, No.25-CV-458, 2025 WL 3628480 (W.D. Pa. Dec. 15, 2025) (Haines, J.), vacated as moot, ECF No. 22 (Dec. 17, 2025) (citing Okeyo v. Att'y Gen. U.S., 561 F. App'x 167, 168 n.1 (3d Cir. 2014) ("The IJ's... order granting [Petitioner] voluntary departure but finding him removable constitutes an order of removal. That order appears to have become final upon entry because it appears that [Petitioner] waived appeal, and he has not argued otherwise.") (citations omitted). Detention and removal of aliens ordered removed is governed by 8 U.S.C. § 1231. In light of the IJ's final order of removal, Petitioner is detained under § 1231, and Petitioner's challenge to his detention pursuant to § 1226(a) is therefore mooted. Rodney v. Mukasey, 340 F. App'x 761, 764 (3d Cir. 2009) ("[I]nsofar as [Petitioner] challenged the lawfulness of his detention pursuant to 8 U.S.C. § 1226(c), and he is no longer in custody pursuant to this statute, his appeal is moot."). Accordingly, IT IS HEREBY ORDERED that the 4 Amended Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE. Clerk is to mark this case CLOSED. Signed by Judge Christy Criswell Wiegand on 2/17/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw) (Entered: 02/17/2026)

Feb 17, 2026

Order Dismissing Case