Western District of Pennsylvania • 3:26-cv-00344

#1

Mar 02, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-9396843), filed by DAVID ANTONIO CRUZ CASTILLO. (Attachments: # 1 List of Exhibits with Exhibits, # 2 Civil Cover Sheet, # 3 Certificate of Service) (Campos, Jose) (Entered: 03/02/2026)

Mar 02, 2026

Judge Christy Criswell Wiegand added. (kss)

#2

Mar 03, 2026

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

#3

Mar 03, 2026

Appear Pro Hac Vice (for Attorney filers only, Credit Card required)

#4

Mar 04, 2026

CERTIFICATE of Compliance re 2 Case Management Order, 1 Petition for Writ of Habeas Corpus, by Jose C Campos on behalf of DAVID ANTONIO CRUZ CASTILLO (Campos, Jose) (Entered: 03/04/2026)

Mar 04, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 3 MOTION for attorney Michael Renneisen to Appear Pro Hac Vice. ERRORS: Caption of document does not match case (incorrect respondents).Filer did not attach a Proposed Order as required by LCvR 7. CORRECTION: Filer is directed to file the document with a corrected caption and a proposed order as an attachment using the Errata event. (kss)

#5

Mar 06, 2026

NOTICE of Appearance by Lee Alfred Fry on behalf of PAMELA BONDI, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO. (Fry, Lee) (Entered: 03/06/2026)

#6

Mar 06, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 3/11/2026; Petitioner's Reply, if any, shall be due 3/16/2026 and is limited to five pages or less. 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

#7

Mar 09, 2026

Respondents' RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by PAMELA BONDI, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO. (Fry, Lee) (Entered: 03/09/2026)

#8

Mar 11, 2026

Errata re 3 MOTION for attorney Michael Renneisen to Appear Pro Hac Vice, by DAVID ANTONIO CRUZ CASTILLO. Reason for Correction: Caption and proposed order. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order) (Renneisen, Michael) Modified text on 3/11/2026 to correct document linkage. (kss) (Entered: 03/11/2026)

#9

Mar 11, 2026

Order

#10

Mar 11, 2026

Judgment (Rule 58)

#11

Mar 20, 2026

Attorney Fees

#12

Mar 23, 2026

ORDER DENYING 11 Motion for Attorneys' Fees by Petitioner. On 3/11/2026, the Court issued an 9 order granting in part and denying in part the 1 Petition for Writ of Habeas Corpus. Now, in the 11 Motion, Petitioner seeks an award of attorneys' fees and expenses in the amount of $26,909.85, or, in the alternative, $17,338.35 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 11 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; 7. 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. 7. 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 11 Motion is DENIED. Signed by Judge Christy Criswell Wiegand on 3/23/2026. 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: 03/23/2026)

#13

Mar 23, 2026

NOTICE of Outcome of Bond Hearing by PAMELA BONDI, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO (Attachments: # 1 Exhibit 1) (Fry, Lee) (Entered: 03/23/2026)

Mar 23, 2026

Order on Motion for Attorney Fees