Western District of Pennsylvania • 3:26-cv-00293

#1

Feb 20, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number 200018238), filed by HAKEEM OLAWALE SALAMI. (Attachments: # 1 Receipt, # 2 Envelope) (bjr) (Entered: 02/23/2026)

Feb 20, 2026

Judge Christy Criswell Wiegand added. (bjr)

#2

Feb 24, 2026

Case Management Order

#3

Feb 24, 2026

NOTICE of Appearance by Michael Leo Ivory on behalf of US DEPT OF HOMELAND SECURITY, WARDEN OF MOSHANNON VALLEY ICE PROCESSING CENTER. (Ivory, Michael) (Entered: 02/24/2026)

#4

Feb 25, 2026

Responsive pleading to 1 Petition for Writ of Habeas Corpus due by 3/3/2026. Signed by Judge Christy Criswell Wiegand on 2/25/2026. 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: 02/25/2026)

Feb 25, 2026

Order

#6

Apr 28, 2026

Appoint Counsel

May 07, 2026

Order on Motion to Appoint Counsel

#8

May 19, 2026

ORDER GRANTING IN PART and DENYING IN PART 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. Pro se Petitioner, a noncitizen detained by Respondents at Moshannon Valley Processing Center, seeks, inter alia, immediate release from custody. Petitioner was paroled into the United States in July 2022 until July 13, 2023 to pursue an application for adjustment of status. See ECF No. 5-1 at 1. US CIS denied his application for adjustment of status in December 2022. In June 2024, he was served with a Notice to Appear and taken into custody as removable for not being in possession of a valid travel document. Id. In August 2024, at a hearing before an Immigration Judge ("IJ"), Petitioner conceded that he was removable as charged, and the IJ sustained the charge of removability. Id. at 4. Now, Petitioner contends that he is not subject to mandatory detention under 8 U.S.C. § 1225(b) and that he is therefore entitled to a bond hearing. Respondents argue that Petitioner is subject to mandatory detention pursuant to 8 U.S.C. § 1182(d)(5)(A). The Third Circuit has not yet ruled on the issue of whether noncitizens present in the United States who have not been admitted are subject to mandatory or discretionary detention, and there is a split among several Courts of Appeals. See Buenrostro-Mendez v. Bondi, 166 F.4th 494 (5th Cir. 2026) (noncitizens present in the United States who have not been admitted are "applicants for admission" subject to mandatory detention); see also Avila v. Bondi, No. 25-3248, 2026 WL 819258 (8th Cir. Mar. 25, 2026) (same); but see Cunha v. Freden, No. 25-3141, 2026 WL 1146044, at *2 (2d Cir. Apr. 28, 2026) ("Section 1225(b)(2)(A) does not apply to such noncitizens... who are present in the United States after entering the country without inspection and admission, and who were not apprehended while entering the country or shortly thereafter"); Lopez-Campos v. Raycraft, Nos. 25-1965/1969/2978/1982, slip op. at 8 (6th Cir. May 11, 2026) (holding non-citizens arrested in the interior of the country are subject to discretionary detention); Hernandez Alvarez v. Warden, Fed. Det. Ctr. Miami, No. 25-14065, 2026 WL 1243395, at *1 (11th Cir. May 6, 2026) (same); Castanon-Nava v. U.S. Dep't of Homeland Sec., 161 F.4th 1048, 1060-62 (7th Cir. 2025) (holding that the government is unlikely to succeed on the merits of its argument that § 1225(b) governs noncitizens already in the United States whom ICE detained in Chicago). This Court agrees with the United States Courts of Appeals for the Second, Sixth, and Eleventh Circuits. And for the reasons set forth in this Court's prior decisions, the Court concludes that: Petitioner is not required to exhaust administrative remedies as doing so would be futile; and Petitioner is subject to discretionary detention pursuant to § 1226(a) and is therefore entitled to a bond hearing. See, e.g., Zhunio v. Warden et al., No. 3:26-CV-71-CCW, ECF No. 7 (W.D. Pa. Mar. 6, 2026) (Wiegand, J.) (noncitizen who entered the United States without inspection and resided continuously in the interior of the country thereafter subject to discretionary detention pursuant to § 1226(a)); Padilla Ventura v. Rose et al., No. 3:26-cv-65-CCW, ECF No. 13 (W.D. Pa. February 3, 2026) (Wiegand, J.) (same). The Court is not persuaded by Respondents' argument that this case is distinguishable in a way that triggers mandatory detention under 8 U.S.C. § 1182(d)(5)(A). See Ubaydulloev v. Warden Moshannon Valley Processing Center, et al., 3:26-cv-00273-NR, ECF No. 11 (W.D. Pa. Apr. 20, 2026) (Ranjan, J.) (finding § 1182(d)(5)(A)'s language of "returned to the custody from which he was paroled" refers to DHS's control over Petitioner, not Petitioner's prior detention status) (citing Qasemi v. Francis, No. 25-CV-10029 (LJL), 2025 WL 3654098, at *1011, 13 (S.D.N.Y. Dec. 17, 2025)); Maiemurzhon Imamov v. JL Jamison Warden, FDC Phila., In his official capacity, et al., No. 26-2204, 2026 WL 1164682, at *6 (E.D. Pa. Apr. 29, 2026) (same). Accordingly, IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is GRANTED IN PART, as follows: within seven days of this Order, Petitioner must receive an individualized bond hearing conducted by an immigration judge pursuant to 8 U.S.C. § 1226. If Petitioner does not receive a bond hearing by that date, or if the immigration judge declines to conduct a bond hearing based on Matter of Yajure Hurtado, Respondents shall immediately release Petitioner from custody. Within seven days of the immigration judge's decision, the parties must file a joint notice on the docket advising the Court of the outcome of the bond hearing. IT IS FURTHER ORDERED that the Petition is DENIED in all other respects. The Clerk of Court is directed to mark this case CLOSED. Signed by Judge Christy Criswell Wiegand on 5/19/2026. 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: 05/19/2026)

#9

May 19, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No.8). Signed by Judge Christy Criswell Wiegand on 5/19/2026. 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: 05/19/2026)

May 19, 2026

Order Dismissing Case

May 19, 2026

Order