Western District of Pennsylvania • 3:26-cv-00329

#1

Feb 27, 2026

First PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-9392523), filed by JORDY L MANTILLA ASTUDILLO. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Detention Facility Information, # 3 Immigration Judge Order) (Romero, Custodio) (Entered: 02/27/2026)

Feb 27, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 1 Petition for Writ of Habeas Corpus,. ERROR: Party name(s) entered incorrectly (CORRECTED BY CLERK). CORRECTION: Attorney is directed to enter 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. (jd)

Feb 27, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 1 Petition for Writ of Habeas Corpus, ATTACHMENT 3 Immigration Judge Order. ERROR: Original PDF unreadable. CORRECTION: Attorney advised to file an Errata with the attached readable PDF document. (jd)

Feb 27, 2026

Judge Christy Criswell Wiegand added. (jd)

#2

Mar 02, 2026

EXHIBITS in Support by JORDY LEONARDO MANTILLA ASTUDILLO. (Attachments: # 1 Exhibit Updated Immigration Judge Order) (Romero, Custodio) (Entered: 03/02/2026)

#3

Mar 02, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 3/2/0226. (bjw) (Entered: 03/02/2026)

#4

Mar 02, 2026

CERTIFICATE OF SERVICE re 3 CASE MANAGEMENT ORDER by JORDY LEONARDO MANTILLA ASTUDILLO (Romero, Custodio) Modified text on 3/3/2026 to add linkage. (rjr) (Entered: 03/02/2026)

Mar 03, 2026

CLERK'S NOTICE OF CORRECTION re 4 Certificate of Service. 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)

#6

Mar 09, 2026

NOTICE of Appearance by Jennifer L Peresie on behalf of PAMELA BONDI, BRIAN MCSHANE, KRISTI NOEM, WARDEN, MOSHANNON VALLEY ICE PROCESSING CENTER. (Peresie, Jennifer) (Entered: 03/09/2026)

#7

Mar 10, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 4/1/2026; Petitioners Reply, if any, shall be due 4/6/2026 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)

Mar 10, 2026

Order

#8

Apr 01, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by PAMELA BONDI, BRIAN MCSHANE, KRISTI NOEM, WARDEN, MOSHANNON VALLEY PROCESSING CENTER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Peresie, Jennifer) Exhibits restricted from public view for PII. Modified text on 4/1/2026. (keh) (Entered: 04/01/2026)

#9

Apr 06, 2026

ORDER GRANTING IN PART and DENYING IN PART 1 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 or, in the alternative, an individualized bond hearing before an immigration judge. The parties agree that the issue before the Court is whether Petitioner is subject to discretionary detention pursuant to 8 U.S.C. §1226(a) and therefore entitled to a bond hearing or mandatory detention under 8 U.S.C. § 1225(b) and therefore not entitled to a bond hearing. Respondents rely on the BIAs decisions in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (B.I.A. 2025) and/or Matter of Q. Li, 29 I. & N. Dec. 66 (B.I.A. 2025). The Court is mindful that several United States Courts of Appeals have ruled that noncitizens like Petitioner who have resided in the interior of the country for years are "applicants for admission" subject to mandatory detention. See Buenrostro-Mendez v. Bondi et al, 166 F.4th 494 (5th Cir. 2026); see also Herrera Avila v. Bondi, No. 25-3248 (8th Cir. Mar. 25, 2026); but see 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). Nonetheless, 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). 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. In particular, for the reasons set forth in this Court's prior decisions, the Court DENIES Petitioner's request for costs and attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) because Respondents' position, while incorrect, was substantially justified. See Orellana Rivas v. Oddo et al., No. 3:26-cv-246-CCW, ECF No. 14 (W.D. Pa. Mar. 10, 2026) (Wiegand, J.). The Clerk of Court is directed to mark this case CLOSED. Signed by Judge Christy Criswell Wiegand on 4/6/2026. 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: 04/06/2026)

Apr 06, 2026

Order Dismissing Case