Western District of Pennsylvania • 3:26-cv-00102

#1

Jan 26, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-9321549), filed by Francis Marroquin Diaz. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit ICE Detainee Locator, # 3 Exhibit IJ Bond Order, # 4 Exhibit Notice of ICE Intent to Appeal Custody Redetermination, # 5 Exhibit Screenshot showing DHS failed to appeal, # 6 Exhibit Notification denying Payment) (Turner-Lafving, Alexis) (Entered: 01/26/2026)

#2

Jan 26, 2026

MOTION for attorney Alexis C. Turner-Lafving to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9321550) by Francis Marroquin Diaz. (Attachments: # 1 Affidavit Attorney Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Turner-Lafving, Alexis) (Entered: 01/26/2026)

Jan 27, 2026

Judge Christy Criswell Wiegand added. (rjr)

Jan 27, 2026

CLERK'S NOTICE OF CORRECTION re 1 Petition for Writ of Habeas Corpus,. ERROR: Party roles were incorrect. CORRECTION FOR FUTURE FILINGS: Clerk of Court corrected party roles. Attorney advised that the role types in Petition of Writ of Habeas Corpus cases are Petitioner(s) v. Respondent(s). Attorney is directed to enter party roles correctly in all future filings. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (rjr)

Jan 27, 2026

CLERK'S NOTICE OF CORRECTION re 1 Petition for Writ of Habeas Corpus,. ERROR: Party name entered incorrectly. Names of parties are to be entered exactly as they appear on the initiating document, including party text. CORRECTION FOR FUTURE FILINGS: Attorney is directed to enter party names correctly in all future filings. Party text is to be entered using the party text function during case opening process. See the party naming conventions manual on the Court's website. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (rjr)

#3

Feb 02, 2026

ORDER granting 2 Motion for Alexis C. Turner-Lafving to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 2/02/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 02/02/2026)

#4

Feb 02, 2026

Case Management Order

Feb 02, 2026

Order on Motion to Appear Pro Hac Vice

#5

Feb 03, 2026

AMENDED PETITION for Writ of Habeas Corpus by FRANCIS MARROQUIN DIAZ. Amendment to 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Exhibit BIA Appeal filed by DHS) (Turner-Lafving, Alexis) Modified text on 2/3/2026. (rjr) (Entered: 02/03/2026)

#6

Feb 03, 2026

CERTIFICATE of Compliance re 4 Case Management Order by Alexis Turner-Lafving on behalf of FRANCIS MARROQUIN DIAZ (Attachments: # 1 Exhibit Copy of Email) (Turner-Lafving, Alexis) (Entered: 02/03/2026)

#7

Feb 06, 2026

NOTICE of Appearance by Jerome A. Moschetta on behalf of PAMELA J. BONDI, TODD LYONS, KRISTI NOEM, DAVID O'NEILL, LEONARD ODDO. (Moschetta, Jerome) (Entered: 02/06/2026)

#8

Feb 06, 2026

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by PAMELA J. BONDI, TODD LYONS, KRISTI NOEM, DAVID O'NEILL, LEONARD ODDO. (Moschetta, Jerome) (Entered: 02/06/2026)

#9

Feb 06, 2026

SCHEDULING ORDER: Responsive pleading to 1 Petition for Writ of Habeas Corpus due by 3/5/2026 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

#10

Mar 04, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by PAMELA J. BONDI, TODD LYONS, KRISTI NOEM, DAVID O'NEILL, LEONARD ODDO. (Attachments: # 1 Exhibit) (Moschetta, Jerome) (Entered: 03/04/2026)

#11

Mar 06, 2026

ORDER re 10 Response to 1 Petition for Writ of Habeas Corpus filed by Respondents. In its 10 response, the government argues that in light of the DHS' appeal of the Immigration Judge's bond ruling to the BIA, the Court may stay its ruling on the 1 Petition until the 90-day mandatory stay period expires, or vacate the automatic stay period and require DHS to obtain a discretionary stay from the BIA. IT IS HEREBY ORDERED that Petitioner shall file a reply to the government's 10 response, specifically addressing the issue of a limited stay, on or before 3/10/2026. Signed by Judge Christy Criswell Wiegand on 3/6/2026. 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: 03/06/2026)

Mar 06, 2026

Order

#12

Mar 10, 2026

REPLY to 10 Response to Habeas Petition, filed by FRANCIS MARROQUIN DIAZ. (Turner-Lafving, Alexis) (Entered: 03/10/2026)

#13

Mar 31, 2026

Expedite

#14

Apr 01, 2026

Proposed Order re 13 Motion to Expedite Consideration of Petitioner's Habeas Corpus Petition by FRANCIS MARROQUIN DIAZ. (Turner-Lafving, Alexis) (Entered: 04/01/2026)

#15

Apr 01, 2026

ORDER GRANTING IN PART and DENYING IN PART 5 Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. Petitioner, a noncitizen detained by Respondents at Moshannon Valley Processing Center, seeks, inter alia, immediate release from custody in light of an immigration judge's finding that Petitioner is neither a danger to the community nor a flight risk, and order directing Petitioner's release from custody on a bond of $20,000. See ECF No. 1-3. Despite the immigration judge's order, Petitioner remains in custody pursuant to the government's invocation of the automatic stay provision, 8 C.F.R. § 1003.19(i)(2). Petitioner now asserts that he is entitled to release on bond under the terms already ordered by an immigration judge, contending that his ongoing detention violates the Due Process Clause of the Fifth Amendment. For the reasons set forth in this Court's prior decisions, the Court concludes that the automatic stay imposed by 8 C.F.R. § 1003.19(i)(2) violates Petitioner's due process rights under the Fifth Amendment. See Velasquez v. Noem et al., No. 3:26-cv-261-CCW, ECF No. 13 (W.D. Pa. Apr. 1, 2026) (Wiegand, J.). Because an immigration judge has already determined that a $20,000 bond is sufficient to mitigate any flight risk, the Court will order Petitioner's release under the terms imposed by the immigration judge in the January 5, 2026 bond order, ECF No. 1-3. See Velasquez, No. 3:26-cv-261-CCW, ECF No. 13 at 2 (ordering Petitioner released "under the terms imposed by the IJ" in a bond order previously vacated by BIA). Accordingly, IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is GRANTED IN PART, as follows: Respondents shall immediately release Petitioner under the terms set forth in the immigration judge's January 5, 2026 bond order, ECF No. 1-3. IT IS FURTHER ORDERED that any motion for costs and fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) shall be filed within ten days of this Order. IT IS FURTHER ORDERED that the Petition is DENIED in all other respects. IT IS FURTHER ORDERED that the 13 Motion to Expedite Consideration of Petitioner's Habeas Corpus Petition is DENIED as moot in light of this ruling. The Clerk of Court is directed to mark this case CLOSED. Signed by Judge Christy Criswell Wiegand on 4/1/2026. 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: 04/01/2026)

Apr 01, 2026

CLERK'S NOTICE OF CORRECTION re 13 MOTION to Expedite Consideration of Petitioner's Habeas Corpus Petition. ERROR: Document not linked. CORRECTION FOR FUTURE FILINGS: Filer advised to link filing to related document(s) in future filings. Clerk added link to appropriate document(s). THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (rjr)

Apr 01, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 13 MOTION to Expedite Consideration of Petitioner's Habeas Corpus Petition. ERROR: Filer did not attach a Proposed Order as required by LCvR 7. CORRECTION: Filer to submit a proposed order using the Proposed Order event. Filer is to link the Proposed Order to the relevant motion in the event. (rjr)

Apr 01, 2026

Order Dismissing Case