Western District of Pennsylvania • 3:26-cv-00353

#1

Mar 03, 2026

Remark: Habeas Petition lodged without Motion for In Forma Pauperis or payment of filing fee (Attachments: # 1 Civil Cover Sheet, # 2 Envelope) (bjr) (Entered: 03/03/2026)

#2

Mar 03, 2026

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by JOSE FERNANDO RAMIREZ AGUDELO. (Attachments: # 1 Envelope) (bjr) (Entered: 03/03/2026)

#3

Mar 03, 2026

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

Mar 03, 2026

Judge Christy Criswell Wiegand added. (bjr)

#4

Mar 04, 2026

NOTICE of Appearance by Donovan Cocas on behalf of PAM BONDI, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO. (Cocas, Donovan) (Entered: 03/04/2026)

#5

Mar 05, 2026

RESPONSE to 1 Remark, filed by PAM BONDI, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit) (Cocas, Donovan) (Entered: 03/05/2026)

#6

Mar 09, 2026

Quality Control Message (no filing fee). The Clerk of Court hereby notifies you that your habeas petition was filed without the $5 filing fee or a completed IFP application to waive the fee. Your case will be administratively closed until the Clerk of Court receives your filing fee or completed IFP application. More information can be found at the Court's website: https://www.pawd.uscourts.gov/ 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)

Mar 09, 2026

Order

#7

Mar 12, 2026

Appoint Counsel

#8

Mar 20, 2026

CERTIFICATE OF SERVICE by JOSE FERNANDO RAMIREZ AGUDELO (Attachments: # 1 Exhibit, # 2 Envelope) (bjr) (Entered: 03/20/2026)

#9

Mar 23, 2026

ORDER. On 3/9/2026, this case was administratively closed due to Petitioner's failure to file an IFP application or pay the filing fee. See ECF No. 6. On 3/20/2026, Petitioner filed a document titled "certificate of service." In the document, Petitioner says he "served a copy of" a "filing fee receipt" on Respondents. However, the Court previously served Respondents on 3/3/2026. See ECF No. 3. Accordingly, Petitioner does not need to serve Respondents. Petitioner may reopen this case by either paying the $5 filling fee or by filing a completed IFP application. 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)

Mar 23, 2026

Order

#10

Apr 06, 2026

Filing fee: $5, receipt number 300000981 (bjr) (Entered: 04/06/2026)

#11

Apr 06, 2026

Petition for Writ of Habeas Corpus (for Clerk of Court personnel only)

#12

Apr 13, 2026

ORDER DENYING 7 Motion to Appoint Counsel by Petitioner. Rule 8(c) of the Rules Governing Section 2254 Cases, which is equally applicable to Section 2241 cases, does not mandate appointment of counsel unless and until an evidentiary hearing has been granted. This Court has not yet determined whether an evidentiary hearing will be necessary to address Petitioner's claims. Petitioner further has not established that the interests of justice require that representation be provided. 18 U.S.C. § 3006A(a)(2)(B). Accordingly, IT IS HEREBY ORDERED that the 7 Motion is DENIED. Signed by Judge Christy Criswell Wiegand on 4/13/2026. 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: 04/13/2026)

#13

Apr 13, 2026

ORDER GRANTING IN PART and DENYING IN PART 1 11 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. Petitioner entered the United States without inspection on May 15, 2023. ECF No. 5 at 2. The same day, Petitioner was arrested by Border Patrol, placed into expedited removal proceedings, and paroled into the interior of the United States. ECF Nos. 5, 5-1. Petitioner subsequently applied for asylum and, following a determination that Petitioner established a credible fear of persecution, see ECF 5 at 3, Petitioner was transferred to full removal proceedings. ECF No. 5 at 3. On 10/2/2025, Petitioner was arrested and detained by Immigration and Customs Enforcement ("ICE"). Id. at 2. Petitioner's immigration proceedings are ongoing. 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 BIA's decision in Matter of M-S-, 27 I. & N. Dec. 509, 515-17 (A.G. 2019), which states that aliens "originally placed in expedited proceedings and then transferred to full proceedings after establishing a credible fear... remain ineligible for bond, whether they are arriving at the border or are apprehended in the United States." ECF No. 5 at 5. The Court is not persuaded by Respondents' reliance on Matter of M-S-, 27 I. & N. Dec. 509 (A.G. 2019) to attempt to distinguish this Petition from others granted by this Court. Unlike the noncitizen detainee in Matter of M-S-, who was in continuous custody, Petitioner was paroled into the country. Petitioner's detention is governed by § 1226(a) and he therefore has a statutory right to a bond hearing. See Bohorquez-Hernandez v. Noem, et al., No. 3:26-CV-231-CCW, ECF No. 10 (W.D. Pa. Mar. 13, 2026) (Wiegand, J.). Accordingly, IT IS HEREBY ORDERED that the 1 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 and/or Matter of M-S-, 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. Signed by Judge Christy Criswell Wiegand on 4/13/2026. 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: 04/13/2026)

Apr 13, 2026

Order on Motion to Appoint Counsel

Apr 13, 2026

Order AND ~Util - Terminate Motions

#14

Apr 20, 2026

RESPONSE to 13 Order, Terminate Motions filed by PAM BONDI, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO. (Attachments: # 1 Exhibit 1) (Cocas, Donovan) (Entered: 04/20/2026)

Apr 24, 2026

Civil case terminated. Signed by Judge Christy Criswell Wiegand on 4/13/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)

Apr 24, 2026

~Util - Terminate Civil Case

#15

May 11, 2026

Enforce

#16

May 12, 2026

ORDER DENYING WITHOUT PREJUDICE 15 Motion to Enforce by Petition. Because Petitioner, who bears the burden of proof as movant, has not provided the Court with a recording or transcript of the April 20, 2026 bond hearing held before the immigration judge, the Court is unable to determine whether that hearing had the three essential elements of a "fundamentally" fair bond hearing under the test set forth by the United States Court of Appeals for the Third Circuit in Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022). Accordingly, IT IS HEREBY ORDERED that the 15 Motion to Enforce is DENIED WITHOUT PREJUDICE. Signed by Judge Christy Criswell Wiegand on 5/12/2026. 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: 05/12/2026)

May 12, 2026

Order on Motion to Enforce

#17

May 29, 2026

RESPONSE to 16 Order on Motion to Enforce filed by JOSE FERNANDO RAMIREZ AGUDELO. (Attachments: # 1 Exhibit Transcript, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Envelope) (bjr) (Entered: 05/29/2026)

#18

Jun 01, 2026

ORDER re 17 Motion to Enforce. On 5/12/2026, the Court denied pro se Petitioner's 15 motion to enforce without prejudice, noting that Petitioner failed to provide a recording or transcript of the 4/20/2026 bond hearing at issue in the 15 motion. See ECF No. 16. On 5/29/2026, Petitioner filed a 17 document styled as a response to the Court's 16 order that includes a transcript of the 4/20/2026 bond hearing. The Court thus construes the 17 filing as a renewed Motion to Enforce. Accordingly, IT IS HEREBY ORDERED that Respondents shall respond to Petitioner's renewed 17 Motion to Enforce by 6/5/2026. Signed by Judge Christy Criswell Wiegand on 6/1/2026. 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: 06/01/2026)

Jun 01, 2026

Order

Jun 02, 2026

Order