Western District of Pennsylvania • 3:26-cv-00490

#1

Mar 20, 2026

First PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9444811), filed by Julio Cesar D Rosario Calderon. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Proposed Order Order to Show Cause, # 3 Appendix Table of Contents, # 4 Exhibit Asylum App and I-130, # 5 Exhibit Petitioner's Biographic, # 6 Exhibit Petitioner's Form I-131 and Parole Stamp, # 7 Exhibit Petitioner's No Criminal History Certificate, # 8 Exhibit Petitioner's Proof of Continuous Presence in USA, # 9 Exhibit Petitioner's Wife's Deed, # 10 Exhibit Petitioner's Support Letter(s), # 11 Exhibit Petitioner and Wife's Bank Statements) (Hernandez, Cesar) (Entered: 03/20/2026)

#2

Mar 20, 2026

First MOTION for attorney Cesar A. Hernandez to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9445261) by Julio Cesar D Rosario Calderon. (Attachments: # 1 Affidavit) (Hernandez, Cesar) (Entered: 03/20/2026)

#3

Mar 23, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 3/23/2026. (bjw) (Entered: 03/23/2026)

Mar 23, 2026

CLERK'S NOTICE OF CORRECTION re 2 First MOTION for attorney Cesar A. Hernandez to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9445261). ERROR: Attorney signature does not comply with requirements. CORRECTION FOR FUTURE FILINGS: Attorney directed to comply with all requirements of LCvR 5.2(B) in all future filings. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (ert)

Mar 23, 2026

CLERK'S NOTICE OF CORRECTION re 1 Petition for Writ of Habeas Corpus,,,. ERROR: Attorney signature does not comply with requirements. CORRECTION FOR FUTURE FILINGS: Attorney directed to comply with all requirements of LCvR 5.2(B) in all future filings. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (ert)

Mar 23, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 2 First MOTION for attorney Cesar A. Hernandez to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9445261). 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. (ert)

Mar 23, 2026

Judge Christy Criswell Wiegand added. (ert)

#4

Mar 25, 2026

CERTIFICATE OF SERVICE by JULIO CESAR DEL ROSARIO CALDERON re 3 Case Management Order (Hernandez, Cesar) (Entered: 03/25/2026)

#5

Mar 27, 2026

NOTICE of Appearance by Nicole A. Stockey on behalf of PAM BONDI, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO. (Stockey, Nicole) (Entered: 03/27/2026)

#6

Mar 27, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 4/1/2026; Reply due 4/6/2026. Signed by Judge Christy Criswell Wiegand on 3/27/2026. 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: 03/27/2026)

#7

Mar 27, 2026

ORDER DENYING WITHOUT PREJUDICE 2 Motion for attorney Caesar A. Hernandez to Appear Pro Hac Vice. The motion and the affidavit do not provide all the information required by Local Civil Rule for the Western District of Pennsylvania 83.2.B. L.Cv.R. 83.2B provides "A motion for pro hac vice must be made by the attorney seeking to be admitted[,]" who attests that he "is a registered user of ECF" in this district, and must also attach to the affidavit one current certificate of good standing from the bar or the court in which the affiant primarily practices. In this case, Attorney Cesar A. Hernandez has not stated that he is a registered ECF user, and has not included a certificate of good standing. The Court also notes that Attorney Hernandez must file his documents with signatures that comply with all requirements of LCvR 5.2(B). Finally, the 2 Motion is not compliant with Rule 7.D of the Local Civil Rules for the Western District of Pennsylvania, which requires that all motions shall be accompanied by a proposed order. For these reasons, IT IS HEREBY ORDERED THAT the 2 Motion to appear pro hac vice is DENIED WITHOUT PREJUDICE. (Entered: 03/27/2026)

Mar 27, 2026

Order on Motion to Appear Pro Hac Vice

Mar 27, 2026

Order

#8

Mar 28, 2026

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

#9

Mar 30, 2026

ORDER granting 8 Motion for Cesar Hernandez to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 3/30/26. 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: 03/30/2026)

#10

Mar 30, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,,,, filed by PAM BONDI, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO. (Stockey, Nicole) (Entered: 03/30/2026)

Mar 30, 2026

Order on Motion to Appear Pro Hac Vice

#11

Apr 01, 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). The Court is mindful that several United States Courts of Appeals have ruled that noncitizens like Petitioner who have resided in the interior of the country for years are "applicants for admission" subject to mandatory detention. See Buenrostro-Mendez v. Bondi et al, 166 F.4th 494 (5th Cir. 2026); see also Herrera Avila v. Bondi, No. 25-3248 (8th Cir. Mar. 25, 2026); but see Castanon-Nava v. U.S. Dep't of Homeland Sec., 161 F.4th 1048, 1060-62 (7th Cir. 2025) (holding that the government is unlikely to succeed on the merits of its argument that § 1225(b) governs noncitizens already in the United States whom ICE detained in Chicago). Nonetheless, 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'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.). The Clerk of Court is directed to mark this case CLOSED. Signed by Judge Christy Criswell Wiegand 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. (bjw) (Entered: 04/01/2026)

Apr 01, 2026

Order Dismissing Case