Middle District of Pennsylvania • 3:26-cv-00419
Daga Hurtado v. Hoover
Active
Case Information
Filed: February 19, 2026
Assigned to:
Karoline Mehalchick
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (IMMIGRATION)
Active
Last Activity:
February 20, 2026
Parties:
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Docket Entries
#1
Feb 19, 2026
PETITION for Writ of Habeas Corpus (Filing fee $5, Receipt Number 7288167), filed by Kevyn J. Daga Hurtado. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit List, # 3 Exhibit A - Notice of Appear, # 4 Exhibit B - DHS Order of Release on Recognizance, # 5 Exhibit C - EOIR filing page from I-589, # 6 Exhibit D - EOIR Hearing Notice) (ea) (Entered: 02/19/2026)
Main Document:
PETITION
#2
Feb 19, 2026
ORDER TO SHOW CAUSE - the Court finds the following and ORDERS:1.Daga Hurtado filed the instant petition on February 19, 2026, requesting that he be released from custody at the Clinton County Correctional Facility in McElhattan, Pennsylvania or that Respondent Angela Hoover provide an immediate bond. (Doc. 1). 2. According to Daga Hurtado, Respondent is detaining him and denying him a bond hearing pursuant to 8 U.S.C. § 1225(b)(2)(A), which provides that noncitizens who entered the United States without admission or parole are subject to detention. (Doc. 1). 3.Daga Hurtado avers that because he has been residing in the United States for over two years, he can only be detained under § 1226, under which he is entitled to a bond hearing. (Doc. 1). 4.Courts in the Third Circuit have found that § 1226, not § 1225(b)(2)(A), applies to noncitizens who previously entered the country and have been residing in the United States for an extended period of time prior to being apprehended and placed in removal proceedings. Courts in the Third Circuit have further found that noncitizens detained pursuant to § 1226 are generally entitled to a bond hearing. 6. Daga Hurtado shall make immediate and proper service of the petition for writ of habeas corpus (Doc. 1) and this Order on Respondent. 7. Respondent shall not transfer Daga Hurtado without further order of this Court. 8.Respondent shall file her response to Daga Hurtados petition on or before THURSDAY, FEBRUARY 26, 2026. 9. Daga Hurtado shall file his traverse on or before THURSDAY, MARCH 5, 2026. If he does not intend to file a traverse, counsel shall notify the Court as such, by email to judge_mehalchick@pamd.uscourts.gov with copy to all counsel of record. Show Cause Response due by 2/26/2026. Signed by Honorable Karoline Mehalchick on 2/19/2026. (cw) (Main Document 2 replaced on 2/19/2026) (cw). (Entered: 02/19/2026)
Main Document:
ORDER
#3
Feb 20, 2026
NOTICE of Appearance by Melissa Swauger on behalf of Angela Hoover. (Swauger, Melissa) (Entered: 02/20/2026)
Main Document:
NOTICE
Parties
Daga Hurtado
Party
Hoover
Party