Western District of Pennsylvania • 3:26-cv-00470

#1

Mar 12, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, Receipt Number 111), filed by Rory Dwayne Brown. (Attachments: # 1 Civil Cover Sheet, # 2 Transmittal Letter) (ea) (Entered: 03/12/2026)

#2

Mar 12, 2026

Order to Show Cause in Support of 1 Petition for Writ of Habeas Corpus by Rory Dwayne Brown. (Attachments: # 1 Proposed Order) (ea) (Entered: 03/12/2026)

#3

Mar 12, 2026

PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: # 1 AO 85 Notice & Consent Form) (ea) (Entered: 03/12/2026)

#4

Mar 12, 2026

Filing fee: $ 5.00, receipt number 333119129. Petition is now deemed FILED. (cac) (Entered: 03/12/2026)

#5

Mar 13, 2026

ORDER TO SHOW CAUSE: 1. Brown filed the instant petition on March 12, 2026, requesting that he be released from custody at the Moshannon Valley ICE Processing Center in Philipsburg, Pennsylvania or that Respondents Warden of Moshannon Valley ICE Processing Center, Todd M. Lyons, Kristi Noem, Pamela Bondi, and Brian McShane (together Respondents) provide an immediate bond. (Doc. 1).2.According to Brown, Respondents are detaining him and denying him a bond hearing pursuant to 8 U.S.C. § 1225(b)(2)(A), which provides that noncitizens who entered the United States without admission or parole are subject to detention. (Doc. 1, at 12).3. Brown avers that because he has been residing in the United States for over two years, he can only be detained under § 1226, under which he is entitled to a bond hearing. (Doc. 1, at 4, 24).4. Courts in the Third Circuit have found that § 1226, not § 1225(b)(2)(A), applies to noncitizens who previously entered the country and have been residing in the United States for an extended period of time prior to being apprehended and placed in removal proceedings.5. Courts in the Third Circuit have further found that noncitizens detained pursuant to § 1226 are generally entitled to a bond hearing.6. The Clerk of Court shall make immediate and proper service of the petition for writ of habeas corpus (Doc. 1) and this Order on Respondents.7. Respondents shall not transfer Brown without further order of this Court.8. Respondents shall file their response to Browns petition on or before FRIDAY, MARCH 20, 2026.9. Brown shall file his traverse on or before FRIDAY, MARCH 27, 2026. If he does not intend to file a traverse, counsel shall notify the Court as such, by email to judge_mehalchick@pamd.uscourts.gov with copy to all counsel of record. Signed by Honorable Karoline Mehalchick on 3/13/2026. (kl) (Entered: 03/13/2026)

#6

Mar 13, 2026

SHOW CAUSE ORDER and Served on United States Attorney via hand-delivery. (cac) (Entered: 03/13/2026)

#7

Mar 13, 2026

ORDER TRANSFERRING CASE: This case be transferred to the United States District Court for the Western District of Pennsylvania for further proceedings. The Order previously entered on todays date (Doc. 5) is VACATED. The Clerk of Court is directed to CLOSE this case.SEE ORDER FOR FURTHER DETAILS. Signed by Honorable Karoline Mehalchick on 3/13/2026. (kl) (Entered: 03/13/2026)

Mar 13, 2026

Receipt of payment from RYANNE KONAN LAW OFFICE AND LEGAL in the amount of $5.00 for Writ of Habeas Corpus. Transaction posted on 3/12/2026. Receipt number 333119129 processed by Christine A. Crecco. (zd)

#8

Mar 15, 2026

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Ryanne Konan on behalf of Rory Dwayne Brown Attorney Ryanne Konan is seeking special admission Filing fee $ 50, receipt number APAMDC-7321244.. (Konan, Ryanne) (Entered: 03/15/2026)

Mar 15, 2026

w/ 8 MOTION for attorney Ryanne Konan to Appear Pro Hac Vice Filing fee $ 50 Receipt # APAMDC-7321244 by Rory Dwayne Brown. (cww)

#9

Mar 18, 2026

Case transferred in from District of Pennsylvania Middle; Case Number 3:26-cv-00620. Original file certified copy of transfer order and docket sheet received. (Entered: 03/18/2026)

Mar 18, 2026

Judge J. Nicholas Ranjan added. (bjr)

#10

Mar 20, 2026

ORDER. This case having been transferred from another District, Petitioner shall file an amended petition (if appropriate), entry of appearance, and pro hac vice motion within 30 days. Upon the filing of all such documents, the Court will issue a separate scheduling order as to service and response deadlines. Signed by Judge J. Nicholas Ranjan on 3/20/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 03/20/2026)

Mar 20, 2026

Order AND ~Util - Set Deadlines

Mar 20, 2026

Appear Pro Hac Vice

#11

Mar 22, 2026

Show Cause

#12

Mar 23, 2026

Errata re 11 Second Motion for Order to Show Cause by Rory Dwayne Brown. Reason for Correction: Document not signed. (Attachments: # 1 Proposed Order) (Konan, Ryanne) Modified text on 3/23/2026. (ert) (Entered: 03/23/2026)

#13

Mar 23, 2026

ORDER. On 3/20/2026, the Court ordered Petitioner to file any amended petition, entry of appearance, and PHV application within 30 days (ECF 10). On 3/22/2026, Petitioner filed a second 11 motion for order to show-cause. The Court construes this filing as in response to the Court's prior order. The Court will issue a separate briefing order. Petitioner's counsel's appearance appears to be registered on the docket, but he must still file a PHV motion if he is not otherwise admitted in this Court. Signed by Judge J. Nicholas Ranjan 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. (pak) (Entered: 03/23/2026)

#14

Mar 23, 2026

Case Management Order

#15

Mar 23, 2026

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

#16

Mar 23, 2026

CERTIFICATE OF SERVICE by Rory Dwayne Brown re 14 Case Management Order, 1 Petition for Writ of Habeas Corpus (Konan, Ryanne) Modified text on 3/24/2026 to add document linkage. (kss) (Entered: 03/23/2026)

Mar 23, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 11 Second MOTION for Order to Show Cause . ERROR: Attorney signature does not comply with requirements. Document is not signed. CORRECTION: Attorney directed to comply with all requirements of LCvR 5.2(B) in all future filings.Attorney advised to refile the document, using the Errata event and attach the correct document. (ert)

Mar 23, 2026

Order

#17

Mar 24, 2026

NOTICE of Appearance by Michael Leo Ivory on behalf of PAM BONDI, TODD M. LYONS, BRIAN MCSHANE, KRISTI NOEM, WARDEN, MOSHANNON VALLEY PROCESSING CENTER. (Ivory, Michael) (Entered: 03/24/2026)

Mar 24, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 15 MOTION for attorney Ryanne Guy Konan to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9448260). ERROR: Filer did not attach a Proposed Order as required by LCvR 7. CORRECTION: Filer to submit a proposed order using the Proposed Order event. Filer is to link the Proposed Order to the relevant motion in the event. (jd)

#18

Mar 31, 2026

Extension of Time to File Response/Reply

#19

Mar 31, 2026

RESPONSE to Motion re 18 MOTION for Extension of Time to File Response/Reply as to 1 Petition for Writ of Habeas Corpus filed by Rory Dwayne Brown. (Konan, Ryanne) (Entered: 03/31/2026)

#20

Apr 01, 2026

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

#21

Apr 01, 2026

ORDER granting 18 Motion for Extension of Time to File Response/Reply. Respondents shall file their responses or answers to Petitioner's habeas petition on or before 4/7/2026; any reply by Petitioner due by 4/13/2026. Signed by Judge J. Nicholas Ranjan on 4/1/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 04/01/2026)

Apr 01, 2026

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

#22

Apr 07, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by PAM BONDI, TODD M. LYONS, BRIAN MCSHANE, KRISTI NOEM, WARDEN, MOSHANNON VALLEY PROCESSING CENTER. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Ivory, Michael) (Entered: 04/07/2026)

#23

Apr 07, 2026

REPLY to Response to Motion re 19 Response to Motion filed by Rory Dwayne Brown. (Konan, Ryanne) (Entered: 04/07/2026)

#24

Apr 20, 2026

ORDER. For the reasons stated in Villagrez v. Bondi, et al., No. 26-72, 2026 WL 545380 (W.D. Pa. Feb. 26, 2026) (Ranjan, J.), the Court GRANTS the 1 habeas petition. Additionally, to the extent that the government argues that the presence of 8 U.S.C. § 1182(d)(5)(A) subjects Petitioner to mandatory detention, the Court disagrees. See Qasemi v. Francis, No. 25-CV-10029 (LJL), 2025 WL 3654098, at *1011, 13 (S.D.N.Y. Dec. 17, 2025) (finding that Section 1182(d)(5)(A)'s language of "returned to the custody from which he was paroled" refers to DHS's control over Petitioner, not the prior detention status to which Petitioner was subjected to at an earlier time). The Court ISSUES the writ, on these terms. (1) Respondents shall cause Petitioner to be taken to a neutral immigration judge of the Executive Office of Immigration Review for an individualized bond hearing to occur within 30 days of this order, or else release Petitioner by such date. (2) Respondents shall ensure that such a hearing include the required due process, i.e., at a minimum, factfinding based on a record produced before the decisionmaker and disclosed to Petitioner; an opportunity to make arguments on the Petitioner's behalf; and the right to an individualized determination of Petitioner's interests. See Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022). (3) Petitioner shall be responsible for securing the necessary transcripts and record of the bond hearing. The Court further finds that Respondents' position was substantially justified in this case, so no fees shall be awarded. The Clerk of Court shall administratively CLOSE this case. Signed by Judge J. Nicholas Ranjan on 4/20/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 04/20/2026)

#25

Apr 20, 2026

FINAL JUDGMENT, entered consistent with the above order (ECF 24). Signed by Judge J. Nicholas Ranjan on 4/20/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 04/20/2026)

Apr 20, 2026

Judgment (Rule 58)

Apr 20, 2026

Order