Western District of Pennsylvania • 3:26-cv-00513

#1

Mar 23, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, Receipt Number 111), filed by Deris Gabriel Medina-Rodriguez. (Attachments: # 1 Declaration, # 2 Exhibits) (ea) (Entered: 03/23/2026)

#2

Mar 23, 2026

MOTION for Temporary Restraining Order by Deris Gabriel Medina-Rodriguez. (ea) (bjw) Modified text on 3/25/2026. (bjw) (Entered: 03/23/2026)

#3

Mar 23, 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: 03/23/2026)

#4

Mar 23, 2026

ORDER- DIRECTING the Clerk of Court to TRANSFER this case to the Western District of Pennsylvania and CLOSE this casein this court Signed by Honorable Julia K Munley on 3/23/26. (sm) (Entered: 03/23/2026)

#5

Mar 24, 2026

Case transferred in from District of Pennsylvania Middle; Case Number 3:26-cv-00742. Original file certified copy of transfer order and docket sheet received. (Entered: 03/24/2026)

#6

Mar 24, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 3/24/2026. (bjw) (Entered: 03/24/2026)

#7

Mar 24, 2026

ORDER DENYING 2 Motion for Temporary Restraining Order. In the 2 Motion, pro se Petitioner seeks, inter alia, a bond hearing before an immigration judge. Given that Petitioner is requesting affirmative relief rather than maintenance of the status quo, Petitioner's request goes beyond the limited, temporary nature of a TRO and requires giving Respondents notice and an opportunity to be heard. See Hope v. Warden York County Prison, 956 F.3d 156, 162 (3d Cir. 2020). Accordingly, IT IS HEREBY ORDERED that the 2 Motion for a Temporary Restraining Order is DENIED. 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 24, 2026

Judge Christy Criswell Wiegand added. (sms)

#8

Apr 08, 2026

NOTICE of Appearance by Arnold P. Bernard, Jr on behalf of PAMELA JO BONDI, Field Office Director, TODD M. LYONS, KRISTI NOEM, WARDEN, MOSHANNON VALLEY PROCESSING CENTER. (Bernard, Arnold) (Entered: 04/08/2026)

#9

Apr 08, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 4/10/2026; Reply due 4/20/2026. 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. (bjw) (Entered: 04/08/2026)

Apr 08, 2026

Order

#10

Apr 09, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by WARDEN, MOSHANNON VALLEY PROCESSING CENTER. (Bernard, Arnold) (Entered: 04/09/2026)

#11

Apr 10, 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. The Clerk of Court is directed to mark this case CLOSED. Signed by Judge Christy Criswell Wiegand on 4/10/2026. 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: 04/10/2026)

Apr 10, 2026

Order Dismissing Case