Western District of Pennsylvania • 3:26-cv-00322

#1

Feb 26, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-9390527), filed by Ruben Gonzalez-Reza. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit) (Rezaeikhonakdar, Delaram) Modified text on 2/26/2026. (cel) (Entered: 02/26/2026)

#2

Feb 26, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 2/26/2026. (bjw) (Entered: 02/26/2026)

Feb 26, 2026

CLERK'S NOTICE OF CORRECTION re 1 Petition for Writ of Habeas Corpus. ERROR: Attorney filed multiple exhibits as only one attachment. CORRECTION FOR FUTURE FILINGS: Attorney is to separate exhibits in future filings. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (rjr)

Feb 26, 2026

CLERK'S NOTICE OF CORRECTION re 1 Petition for Writ of Habeas Corpus. ERROR: Party name(s) entered incorrectly, specifically the party text. CORRECTION FOR FUTURE FILINGS: Attorney is directed to enter ALL party names correctly in all future filings. See the party naming conventions manual on the Court's website at https://www.pawd.uscourts.gov/attorneys. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (rjr)

Feb 26, 2026

Judge Christy Criswell Wiegand added. (rjr)

#3

Feb 27, 2026

EXHIBITS in Support by RUBEN GONZALEZ REZA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit Dremoved from public view; See corrected exhibit D at 9 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I) (Rezaeikhonakdar, Delaram) Modified text on 3/10/2026. (cel) (Entered: 02/27/2026)

#5

Mar 09, 2026

ORDER FOR ADMINISTRATIVE CLOSING. On 2/26/2026, the Court issued a 2 case management order directing Petitioner's counsel to serve respondents with a copy of the 1 Petition and the 2 case management order via email. The 2 order further directed Petitioner's counsel to file a certificate of compliance upon completion of service certifying the date and time of service. To date, no certificate of compliance has been filed. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court is directed to mark this CLOSED. If counsel files a certificate of compliance, this case will be reopened. IT IS FURTHER ORDERED that the provisions of the Court's 2 case management order requiring Respondents to respond to the petition within 30 days of service are hereby VACATED. Signed by Judge Christy Criswell Wiegand on 3/9/2026. 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: 03/09/2026)

#6

Mar 09, 2026

CERTIFICATE OF SERVICE by RUBEN GONZALEZ REZA re 1 Petition for Writ of Habeas Corpus (Rezaeikhonakdar, Delaram) (Entered: 03/09/2026)

Mar 09, 2026

Order for Administrative Case Closing

#7

Mar 10, 2026

NOTICE of Appearance by Michael Robert Ball on behalf of PAMELA BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, NOEM KRISTI, LEONARDO ODDO, U.S. DEPARTMENT OF HOMELAND SECURITY, CAMMILLA WAMSLEY. (Ball, Michael) (Entered: 03/10/2026)

#8

Mar 10, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 3/16/2026; Petitioner's Reply, if any, shall be due 3/23/2026 and is limited to five pages or less. Signed by Judge Christy Criswell Wiegand on 3/10/2026. 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: 03/10/2026)

#9

Mar 10, 2026

EXHIBITS D in Support of 3 Exhibits in Support by RUBEN GONZALEZ REZA. (Rezaeikhonakdar, Delaram) (Entered: 03/10/2026)

Mar 10, 2026

Case reopened. Signed by Judge Christy Criswell Wiegand on 3/10/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)

Mar 10, 2026

Order

Mar 10, 2026

~Util - Case Reopened

#10

Mar 12, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by PAMELA BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, NOEM KRISTI, LEONARDO ODDO, U.S. DEPARTMENT OF HOMELAND SECURITY, CAMMILLA WAMSLEY. (Ball, Michael) (Entered: 03/12/2026)

#11

Mar 13, 2026

Order

#12

Mar 13, 2026

Judgment (Rule 58)

#13

Mar 19, 2026

Attorney Fees

#14

Mar 20, 2026

ORDER DENYING 13 Motion for Attorneys' Fees by Petitioner. On 3/13/2026, the Court issued an 11 order granting in part and denying in part the 1 Petition for Writ of Habeas Corpus. Now, in the 13 Motion, Petitioner seeks an award of attorneys' fees and expenses in the amount of $6,442.50 pursuant to the Equal Access to Justice Act ("EAJA"). Under the EAJA, a court may award fees and expenses to a prevailing party against the United States, unless "the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust." 28 U.S.C. Section 2412(d)(1)(A). While the Court agrees that Petitioner is the prevailing party in this case, the Court finds that the position of the United States in this case was substantially justified and that the 13 Motion should therefore be denied. The key issue in this case was whether Petitioner, who entered the United States without inspection in 2022 and has resided continuously in the United States ever since, is an "applicant for admission" under 8 U.S.C. Section 1225(a). See generally ECF Nos. 1; 10. Respondents argued that "applicant for admission" includes noncitizens like Petitioner who have already been residing in the interior of the United States. See ECF No. 10. The Court thus concludes that Respondents' interpretation of Section 1225(a), while incorrect, is substantially justified. The Court is mindful that the United States Court of Appeals for the Third Circuit has not yet interpreted the meaning of "applicant for admission" under Section 1225(a) and that the only United States Court of Appeals to consider this issue has ruled that "applicant for admission" includes noncitizens like Petitioner who have resided in the interior of the country for years. See Buenrostro-Mendez v. Bondi et al, 166 F.4th 494 (5th Cir. 2026); see also Alvarez v. Noem, No. 3:26-CV-73, 2026 WL 545382, at *3 (W.D. Pa. Feb. 26, 2026) (Ranjan, J.) (granting habeas petition to extent the petitioner requested a bond hearing, but denying the petition to the extent the petitioner requested attorneys' fees and costs under the EAJA). Petitioner is therefore not entitled to attorneys' fees under the EAJA. Accordingly, IT IS HEREBY ORDERED that the 13 Motion is DENIED. Signed by Judge Christy Criswell Wiegand on 3/20/2026. 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: 03/20/2026)

Mar 20, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 13 MOTION for Attorney Fees . 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)

Mar 20, 2026

Order on Motion for Attorney Fees

#15

Mar 24, 2026

ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)

#16

Mar 24, 2026

NOTICE of Appearance by Delaram Rezaeikhonakdar on behalf of RUBEN GONZALEZ REZA. (Rezaeikhonakdar, Delaram) (Entered: 03/24/2026)

#17

Mar 25, 2026

ORDER re 15 Petition for Emergency Stay of Removal and Writ of Habeas Corpus. On 3/24/2026, Petitioner filed a document titled "Petition for Emergency Stay of Removal and Writ of Habeas Corpus" and paid the $5.00 filing fee. However, the document was filed at the current case number, in which the Court has already ruled on the 1 Petition for Writ of Habeas Corpus and directed that Petitioner receive a bond hearing before an immigration judge. See ECF No. 11. The thrust of Petitioner's 15 filing is that Respondents failed to comply with the Court's 3/13/2026 11 order directing Respondents to provide Petitioner with an individualized bond hearing by failing to provide Petitioner's counsel with notice of the hearing. See ECF No. 15. Petitioner therefore requests a new bond hearing where he is afforded a "fair opportunity to be heard." Id. para. 5. Because Petitioner is essentially challenging Respondents' compliance this Court's prior 11 Order, the Court will construe the filing at ECF No. 15 as a Motion to Enforce the 11 order. Accordingly, the Clerk of Court is directed to re-docket the 15 as a Motion to Enforce. IT IS HEREBY ORDERED that Respondents shall respond to the 15 Motion to Enforce on or before 4/2/2026. Signed by Judge Christy Criswell Wiegand on 3/25/2026. 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: 03/25/2026)

#18

Mar 25, 2026

Enforce

#19

Mar 25, 2026

Leave to File Documents Under Seal

Mar 25, 2026

Order

#20

Mar 26, 2026

ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)

#21

Mar 26, 2026

ORDER STRIKING 19 Motion for Leave to file Documents under Seal and 20 Petition for Writ of Habeas Corpus. On 3/24/2026, Petitioner filed a 15 document titled "Petition for Emergency Stay of Removal and Writ of Habeas Corpus" and paid the $5.00 filing fee. However, that document was filed at the current case number, in which the Court has already ruled on the 1 Petition and directed that Petitioner receive a bond hearing before an immigration judge. See ECF No. 11. Because the 15 filing argued that Respondents failed to comply with the Court's 3/13/2026 11 order, the Court, as a courtesy, construed the 15 filing as a motion to enforce its 11 order. Now, Petitioner has filed another 20 document titled "Petition for Writ of Habeas Corpus" and once again paid the $5.00 filing fee. The substance of the filing requests that this Court order Petitioner's release on bail. Petitioner has also filed a 19 Motion for Leave to File Under Seal two exhibits related to the 20 filing. The 20 Petition, with accompanying filing fee, is an improper filing. If Petitioner seeks relief from the Court in this case, Petitioner must file a motion for such relief rather than a new pleading such as a petition. If Petitioner seeks to initiate a separate case, then Petitioner may do so by filing a habeas petition and paying the $5.00 filing fee, but such petition may not be filed at the current case number. Accordingly, IT IS HEREBY ORDERED that the 19 Motion to Seal and the 20 Petition for Writ of Habeas Corpus are STRICKEN. Signed by Judge Christy Criswell Wiegand on 3/26/2026. 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: 03/26/2026)

#22

Mar 26, 2026

Leave to File Documents Under Seal

#23

Mar 26, 2026

Miscellaneous Relief (Use ONLY if no other relief applies)

Mar 26, 2026

Order

#24

Mar 27, 2026

ORDER re 23 Motion for Release on Bail Pending Resolution of the Habeas Petition. IT IS HEREBY ORDERED that Respondents shall respond to the 23 Motion on or before 4/3/2026. Signed by Judge Christy Criswell Wiegand on 3/27/2026. 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: 03/27/2026)

Mar 27, 2026

Order

#25

Mar 30, 2026

ORDER GRANTING 22 Motion for Leave to File Documents Under Seal by Petitioner. According to the United States Court of Appeals for the Third Circuit, "the common law presumes that the public has a right of access to judicial materials." In re Avandia, 924 F.3d 662, 672 (3d Cir. 2019). To overcome this presumptive right of access to judicial materials, "[t]he party seeking to overcome the presumption of access bears the burden of showing 'that the interest in secrecy outweighs the presumption.'" Id. (quoting Bank of Am. Nat'l Trust & Sav. Ass'n v. Hotel Rittenhouse Assocs., 800 F.2d 339, 344 (3d Cir. 1986)). That is, "[t]he movant must show 'that the material is the kind of information that courts will protect and that disclosure will work a clearly defined and serious injury to the party seeking closure.'" Id. (quoting Miller v. Ind. Hosp., 16 F.3d 549, 551 (3d Cir. 1994)). And, "[b]road allegations of harm, bereft of specific examples or articulated reasoning, are insufficient" to meet this burden. Id. at 673 (quoting In re Cendant Corp., 260 F.3d 183, 194 (3d Cir. 2001)). In the 22 Motion, Petitioner seeks leave to file two exhibits to his 23 motion for release on bail under seal, and avers that the exhibits contain sensitive information regarding legal proceedings related to Petitioner's custody of his minor daughter. The Court finds that sealing is warranted here in order to prevent the disclosure of sensitive information related to Petitioner's minor daughter. Accordingly, IT IS HEREBY ORDERED that the 22 Motion is GRANTED and Petitioner may file the two exhibits to his 23 motion for release on bail under seal. Petitioner is not required to file redacted versions but is required to serve the sealed documents on opposing counsel using traditional service methods. Signed by Judge Christy Criswell Wiegand on 3/30/2026. 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: 03/30/2026)

#26

Mar 30, 2026

SEALED EXHIBIT in support of Petitioner's Motion for Release on Bail Pending Resolution of the Habeas Petition by RUBEN GONZALEZ REZA pursuant to 25 Order on Motion for Leave to File Documents Under Seal,,,,,,,,. (Attachments: # 1 Exhibit B, # 2 Certificate of Service) (Rezaeikhonakdar, Delaram) (Entered: 03/30/2026)

Mar 30, 2026

Order on Motion for Leave to File Documents Under Seal

Apr 09, 2026

Order on Motion to Enforce

Apr 09, 2026

Order on Motion for Miscellaneous Relief