Western District of Pennsylvania • 3:26-cv-00520

#1

Mar 24, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, Receipt Number 7334304), filed by Shakhrukh Kayumov. (Attachments: # 1 Civil Cover Sheet) (ea) (Entered: 03/24/2026)

#2

Mar 24, 2026

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Diana Rubin on behalf of Shakhrukh Kayumov Attorney Diana Rubin is seeking special admission Filing fee $ 50, receipt number APAMDC-7334364.. (Rubin, Diana) (Entered: 03/24/2026)

#3

Mar 24, 2026

ORDER - DIRECTING the Clerk of Court to TRANSFER this case to the Western District of Pennsylvania and further directed to CLOSE this case. Signed by Honorable Julia K Munley on 3/24/26. (sm) (Entered: 03/24/2026)

#4

Mar 24, 2026

Case transferred in from District of Pennsylvania Middle; Case Number 3:26-cv-00751. Original file certified copy of transfer order and docket sheet received. (Entered: 03/24/2026)

Mar 24, 2026

w/ 2 MOTION for attorney DIANA RUBIN to Appear Pro Hac Vice by Shakhrukh Kayumov. (cww)

Mar 24, 2026

Judge Christy Criswell Wiegand added. (sms)

#5

Mar 25, 2026

ORDER DENYING WITHOUT PREJUDICE 2 Motion for attorney Diana Rubin 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, and instead invoke the Local Rules of the Middle District of Pennsylvania. Attorney Diana Rubin should refer to Local Civil Rule 83.2.B and the forms found in the Appendix 83.2.B of the Local Civil Rules, and file a motion that complies with the same. Signed by Judge Christy Criswell Wiegand on 3/25/2026. 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: 03/25/2026)

#6

Mar 25, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 3/25/2026. (bjw) (Entered: 03/25/2026)

Mar 25, 2026

Appear Pro Hac Vice

Mar 25, 2026

Order on Motion to Appear Pro Hac Vice

#7

Mar 26, 2026

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

Mar 26, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 7 First MOTION for attorney Diana Rubin to Appear Pro Hac Vice, in the Western District of PA (Filing fee $70, Receipt # APAWDC-9459217). 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)

#8

Mar 27, 2026

Proposed Order re 7 Motion to Appear Pro Hac Vice by Shakhrukh Kayumov. (Rubin, Diana) (Entered: 03/27/2026)

#9

Mar 27, 2026

ORDER granting 7 Motion for Diana Rubin to Appear Pro Hac Vice. 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. (drc) (Entered: 03/27/2026)

#10

Mar 27, 2026

NOTICE of Appearance by Christian A. Trabold on behalf of PAM BONDI, MARCOS CHARLES, TODD M. LYONS, KRISTI NOEM, The Warden of the Facility Where Petitioner Is Currently Detained, WARDEN, MOSHANNON VALLEY PROCESSING CENTER. (Trabold, Christian) (Entered: 03/27/2026)

Mar 27, 2026

Order on Motion to Appear Pro Hac Vice

#11

Mar 30, 2026

DEFICIENCY ORDER. On 3/25/2026, the Court issued a 6 case management order directing Petitioner's counsel to serve respondents with a copy of the 1 Petition and the 6 case management order via email. The 6 order further directed Petitioner's counsel to file a certificate of compliance upon completion of service certifying the date and time of service. To date, no certificate of compliance pursuant to the 6 case management order has been filed. As a result, Petitioner has not met the prerequisites for the Court to adjudicate the 1 Petition. For example, the Court is unable to calculate Respondents' deadline to respond to the 1 Petition. Accordingly, Petitioner shall file a certificate of compliance on or before 4/2/2026. If Petitioner does not file the required certificate of compliance by the Court's deadline, the Court will administratively close the case. Signed by Judge Christy Criswell Wiegand on 3/30/2026. 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: 03/30/2026)

Mar 30, 2026

Deficiency Order

#12

Mar 31, 2026

CERTIFICATE of Compliance by Diana Rubin on behalf of Shakhrukh Kayumov (Rubin, Diana) (Entered: 03/31/2026)

#13

Apr 01, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 4/7/2026; Reply due 4/13/2026. 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

#14

Apr 02, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by PAM BONDI, MARCOS CHARLES, TODD M. LYONS, KRISTI NOEM, The Warden of the Facility Where Petitioner Is Currently Detained, WARDEN, MOSHANNON VALLEY PROCESSING CENTER. (Trabold, Christian) (Entered: 04/02/2026)

#15

Apr 06, 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 BIAs 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). See ECF No. 14. 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 Courts 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 1 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 4/6/2026. 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 Dismissing Case