Western District of Pennsylvania • 3:26-cv-00417

#1

Mar 11, 2026

First PETITION for Writ of Habeas Corpus Immigrant Detention 2241 (Filing fee $5, receipt number APAWDC-9419184), filed by Moh Shakib STANIKZAI. (Attachments: # 1 Civil Cover Sheet Habeas Civil Cover Sheet, # 2 Affidavit Affidavit of Sarnata Reynolds for Pro Hac Vice, # 3 Exhibit EOIR Automated Case Status, # 4 Exhibit Nolle Prosequi Order, # 5 Exhibit Order for Treatment of Incompetent Defendant) (Reynolds, Sarnata) (Entered: 03/11/2026)

Mar 13, 2026

Judge Christy Criswell Wiegand added. (bmh)

Mar 13, 2026

CLERK'S NOTICE OF CORRECTION re 1 Petition for Writ of Habeas Corpus.ERROR: All Party name(s) were not entered. CORRECTION FOR FUTURE FILINGS: Attorney is directed to enter all party names as they are listed in the initial pleading 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. (bmh)

#3

Mar 16, 2026

Case Management Order

#4

Mar 16, 2026

Appear Pro Hac Vice (for Attorney filers only, Credit Card required) AND Miscellaneous Relief (Use ONLY if no other relief applies)

#5

Mar 16, 2026

NOTICE Notice of Compliance Record of Service by MOH SHAKIB STANIKZAI re 3 Case Management Order (Reynolds, Sarnata) (Entered: 03/16/2026)

#6

Mar 18, 2026

NOTICE of Appearance by Brendan James McKenna on behalf of PAMELA BONDI, TODD M. LYONS, BRIAN MCSHANE, KRISTI NOEM, WARDEN OF MOSHANNON VALLEY PROCESSING CENTER. (Attachments: # 1 Certificate of Service) (McKenna, Brendan) (Entered: 03/18/2026)

#7

Mar 19, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 3/23/2026; Reply due 3/30/2026. Signed by Judge Christy Criswell Wiegand on 3/19/2026. 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: 03/19/2026)

#8

Mar 19, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by PAMELA BONDI, TODD M. LYONS, BRIAN MCSHANE, KRISTI NOEM, WARDEN OF MOSHANNON VALLEY PROCESSING CENTER. (Attachments: # 1 Certificate of Service) (McKenna, Brendan) (Entered: 03/19/2026)

Mar 19, 2026

Order

#9

Mar 20, 2026

Errata re Clerk's Request for Corrective Action,, 4 Motion for Miscellaneous Relief,, Motion to Appear Pro Hac Vice, Corrected Motion and Proposed Order by MOH SHAKIB STANIKZAI. Reason for Correction: Add Signature and Proposed Order to Motion Pro Hac Vice. (Attachments: # 1 Exhibit Affidavit of Sarnata Reynolds for Pro Hac Vice and Certificate of Good Standing) (Reynolds, Sarnata) (Entered: 03/20/2026)

Mar 20, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 4 First MOTION Pro Hac Vice, Affidavit and Good Standing Certificate MOTION for attorney Sarnata Reynolds to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9431827). ERROR: Attorney signature does not comply with requirements. Attorney did not sign the motion. Attorney did not attach a Proposed Order as required by LCvR 7. CORRECTION: Attorney is directed to refile the Motion with a proposed using the Errata event with the appropriate corrections. Attorney is to link the errata to the relevant motion in the event. (ert)

#10

Mar 23, 2026

ORDER granting 4 Motion for Sarnata Reynolds to Appear Pro Hac Vice. 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. (drc) (Entered: 03/23/2026)

#11

Mar 23, 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 BIA's 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). ECF No. 8. 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 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 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 on Motion for Miscellaneous Relief AND Order on Motion to Appear Pro Hac Vice

Mar 23, 2026

Order Dismissing Case

#12

Apr 03, 2026

NOTICE JOINT by PAMELA BONDI, TODD M. LYONS, BRIAN MCSHANE, KRISTI NOEM, MOH SHAKIB STANIKZAI, WARDEN OF MOSHANNON VALLEY PROCESSING CENTER (Attachments: # 1 Exhibit Order of Immigration Judge) (McKenna, Brendan) (Entered: 04/03/2026)

#13

Apr 07, 2026

Enforce AND Writ of Habeas Corpus

Apr 08, 2026

Order

Apr 13, 2026

Order on Motion for Writ of Habeas Corpus AND Order on Motion to Enforce

#18

Apr 30, 2026

Enforce

#19

May 01, 2026

Order re: 18 Renewed MOTION to Enforce Habeas Corpus Order Including Bond Hearing Transcript by MOH SHAKIB STANIKZAI. IT IS HEREBY ORDERED THAT the Respondents shall file their response to the Petitioner's 18 motion on or before 5/7/2026. Signed by Judge Christy Criswell Wiegand on 5/1/2026. 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: 05/01/2026)

May 01, 2026

Order

May 07, 2026

Order on Motion to Enforce