Western District of Pennsylvania • 3:26-cv-00451

#1

Mar 13, 2026

First PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-9427884), filed by AMIR MAXIMOUS. GERGES ISKANDAR. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8) (Bishara, Sherif) Modified text to correct petitioner's names and add petitioner on 3/16/2026. (keh) (Entered: 03/13/2026)

#2

Mar 13, 2026

First MOTION for attorney Sherif Bishara to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9427926) by AMIR NAGAH NAGI MAXIMOUS. (Attachments: # 1 Proposed Order, # 2 Exhibit Certificate of Good Standing) (Bishara, Sherif) (Entered: 03/13/2026)

#3

Mar 16, 2026

ORDER granting 2 Motion for Sherif Bishara to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 3/16/2026. 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: 03/16/2026)

#4

Mar 16, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 3/16/2026. (bjw) (Entered: 03/16/2026)

#5

Mar 16, 2026

CERTIFICATE OF SERVICE re 4 Case Management Order by AMIR MAXIMOUS (Bishara, Sherif) Modified text to add link on 3/17/2026. (keh) (Entered: 03/16/2026)

Mar 16, 2026

Order on Motion to Appear Pro Hac Vice

Mar 16, 2026

CLERK'S NOTICE OF CORRECTION re 1 Petition for Writ of Habeas Corpus. ERROR: Party names entered incorrectly. CORRECTION FOR FUTURE FILINGS: 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. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (keh)

Mar 16, 2026

Judge Christy Criswell Wiegand added. (keh)

#6

Mar 17, 2026

NOTICE of Appearance by Douglas C. Maloney on behalf of PAMELA BONDI, JASON CUSTER, TODD LYONS, KRISTI NOEM, DAVID O'NEILL, U.S. DEPARTMENT OF HOMELAND SECURITY. (Maloney, Douglas) (Entered: 03/17/2026)

Mar 17, 2026

CLERK'S NOTICE OF CORRECTION re 5 Certificate of Service. ERROR: Document was not linked. CORRECTION FOR FUTURE FILINGS: Filer advised to link filing to related document(s) in future filings. Clerk added link to appropriate document. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (keh)

#7

Mar 18, 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 3/18/2026. 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: 03/18/2026)

#8

Mar 18, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by PAMELA BONDI, JASON CUSTER, TODD LYONS, DAVID O'NEILL, U.S. DEPARTMENT OF HOMELAND SECURITY. (Maloney, Douglas) (Entered: 03/18/2026)

Mar 18, 2026

Order

#9

Mar 24, 2026

ORDER GRANTING IN PART AND DENYING IN PART 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. Petitioners, two noncitizens detained by Respondents at Moshannon Valley Processing Center, seek, 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 Petitioners are subject to discretionary detention pursuant to 8 U.S.C. §1226(a) and therefore entitled to bond hearings or mandatory detention under 8 U.S.C. § 1225(b) and therefore not entitled to bond hearings. 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). For the reasons set forth in this Court's prior decisions, the Court concludes that: Petitioners are not required to exhaust administrative remedies as doing so would be futile; and Petitioners are subject to discretionary detention pursuant to § 1226(a) and are therefore entitled to bond hearings. 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, Petitioners must receive individualized bond hearings conducted by an immigration judge pursuant to 8 U.S.C. § 1226. If Petitioners do not receive bond hearings by that date, or if the immigration judge declines to conduct bond hearings based on Matter of Yajure Hurtado, Respondents shall immediately release Petitioners 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 hearings. 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 Petitioners' 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.). Signed by Judge Christy Criswell Wiegand on 3/24/2026. 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: 03/24/2026)

Mar 24, 2026

Order

Mar 26, 2026

~Util - Terminate Civil Case

Mar 26, 2026

Clerk is to mark CASE CLOSED. 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)

#10

Apr 01, 2026

STATUS REPORT, Joint by PAMELA BONDI, JASON CUSTER, TODD LYONS, KRISTI NOEM, DAVID O'NEILL, U.S. DEPARTMENT OF HOMELAND SECURITY. (Maloney, Douglas) (Entered: 04/01/2026)

#11

Apr 01, 2026

Enforce

#12

Apr 06, 2026

ORDER. IT IS HEREBY ORDERED that Respondents shall respond to Petitioner's 11 Motion to Enforce by 4/8/2026. 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

#13

Apr 08, 2026

Extension of Time to File Response/Reply

#14

Apr 08, 2026

ORDER GRANTING 13 MOTION for Extension of Time to File Response/Reply filed by Respondents. In the 13 Motion, Respondents seek a 7-day extension of the deadline to respond to Petitioners' 11 motion to enforce habeas grant in order to obtain the recording of the bond hearing held on 3/20/2026. The Court finds that there is good cause to grant the extension. Accordingly, IT IS HEREBY ORDERED that the 13 Motion is granted. Respondents shall respond to the 11 motion to enforce by 4/15/2026. Signed by Judge Christy Criswell Wiegand on 4/8/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mkn) (Entered: 04/08/2026)

Apr 08, 2026

Order on Motion for Extension of Time to File Response/Reply

#15

Apr 15, 2026

NOTICE of Appearance by Jerome A. Moschetta on behalf of PAMELA BONDI, JASON CUSTER, TODD LYONS, KRISTI NOEM, DAVID O'NEILL, U.S. DEPARTMENT OF HOMELAND SECURITY. (Moschetta, Jerome) (Entered: 04/15/2026)

#16

Apr 15, 2026

RESPONSE IN OPPOSITION to 11 Motion to Enforce, filed by PAMELA BONDI, JASON CUSTER, TODD LYONS, KRISTI NOEM, DAVID O'NEILL, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit (Audio Placeholder)) (Moschetta, Jerome) (Entered: 04/15/2026)

#17

Apr 20, 2026

ORDER DENYING 11 MOTION to Enforce by Petitioners. Signed by Judge Christy Criswell Wiegand on 4/20/2026. (bjw) (Entered: 04/20/2026)