Western District of Pennsylvania • 3:26-cv-00557

#1

Mar 27, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9463659), filed by MILTON NAHUN MARTINEZ RODRIGUEZ. (Attachments: # 1 Exhibit EOIR Notice of Hearing, # 2 Exhibit ICE Locator Results, # 3 Exhibit ICE Notice to Appear, # 4 Exhibit Exhibit List, # 5 Proposed Order, # 6 Civil Cover Sheet JS-44) (Camilo, Jason) (Entered: 03/27/2026)

#2

Mar 27, 2026

MOTION for attorney JASON SCOTT CAMILO to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9463660) by MILTON NAHUN MARTINEZ RODRIGUEZ. (Attachments: # 1 Affidavit in Support of Motion for Pro Hac Vice Admission, # 2 Proposed Order) (Camilo, Jason) (Entered: 03/27/2026)

#3

Mar 27, 2026

BRIEF in Support of 1 Petition for Writ of Habeas Corpus, filed by MILTON NAHUN MARTINEZ RODRIGUEZ. (Camilo, Jason) (Entered: 03/27/2026)

#4

Mar 27, 2026

MOTION for Order to Show Cause by MILTON NAHUN MARTINEZ RODRIGUEZ. (Camilo, Jason) (Entered: 03/27/2026)

#5

Mar 27, 2026

BRIEF in Support re 4 Motion for Order to Show Cause filed by MILTON NAHUN MARTINEZ RODRIGUEZ. (Camilo, Jason) (Entered: 03/27/2026)

#6

Mar 30, 2026

Case Management Order

#7

Mar 30, 2026

CERTIFICATE OF SERVICE & COMPLIANCE by MILTON NAHUN MARTINEZ RODRIGUEZ re 6 Case Management Order, 1 Petition for Writ of Habeas Corpus, (Camilo, Jason) (Entered: 03/30/2026)

#8

Mar 30, 2026

Errata re 4 Motion for Order to Show Cause by MILTON NAHUN MARTINEZ RODRIGUEZ. Reason for Correction: Motion for Order to Show Cause Attached. (Attachments: # 1 Proposed Order to Show Cause) (Camilo, Jason) (Entered: 03/30/2026)

Mar 30, 2026

CLERK'S NOTICE OF CORRECTION. ERROR: Duplicate cases opened. CORRECTION FOR FUTURE FILINGS: Duplicate cases 3:26-cv-555 and 3:26-cv-556 deleted. In the event of an error in the case opening process, filer is directed to contact the Clerk's Office. Filer is NOT to open successive case numbers. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (cww)

Mar 30, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 4 MOTION for Order to Show Cause . ERROR: Proposed Order was filed without an accompanying Motion. CORRECTION: Attorney advised to file Motion as an Errata event with the Proposed Order as an attachment to the main document. (ljs)

Mar 30, 2026

Judge Christy Criswell Wiegand added. (ljs)

#9

Mar 31, 2026

ORDER DENYING 4 Motion for Order to Show Cause. Petitioner requests an order requiring Respondents to show cause why his 1 Petition for Writ of Habeas Corpus should not be granted. Petitioner invokes 28 U.S.C. § 2243, which provides that "[a] court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto." Section 2243 further provides that "[t]he writ, or order to show cause... shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed." Courts within this Circuit have found that Rule 4 of the Rules Governing Section 2254 and Section 2255 Proceedings ("Habeas Rules"), applicable to § 2241 cases through Rule 1(b) of the Habeas Rules, provides more flexible time limits for ordering an answer and supersedes the time limits of § 2243 to the extent there is a conflict. See Alvierez v. Bondi et al., No. 26-532 (JXN), 2026 WL 146013, *1 (D.N.J. Jan. 20, 2026) (collecting cases). This Court agrees. Furthermore, on 3/30/2026, the Court issued a 6 case management order directing Petitioner's counsel to serve Respondents with the 1 Petition and file a notice of compliance certifying the date and time of service. The 6 order further directs Respondents to answer the 1 Petitioner within 7 days of service. Pursuant to Petitioner's 7 certificate of service, Petitioner served Respondents on 3/30/2026. Therefore, Respondents' deadline to respond to the 1 Petition has not yet passed. Accordingly, IT IS HEREBY ORDERED that the 4 Motion for Order to Show Cause is DENIED. Signed by Judge Christy Criswell Wiegand on 3/31/2026. 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: 03/31/2026)

#10

Mar 31, 2026

ORDER DENYING WITHOUT PREJUDICE 2 Motion for attorney Jason Scott Camilo 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 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 Jason Scott Camilo has not included a certificate of good standing. For these reasons, IT IS HEREBY ORDERED THAT the 2 Motion to appear pro hac vice is DENIED WITHOUT PREJUDICE. (Entered: 03/31/2026)

Mar 31, 2026

Order on Motion to Appear Pro Hac Vice

Mar 31, 2026

Order on Motion to Show Cause

#11

Apr 01, 2026

NOTICE of Appearance by Maureen Sheehan-Balchon on behalf of PAMELA BONDI, TODD LYONS, MARKWAYNE MULLIN, LEONARD ODDO. (Sheehan-Balchon, Maureen) (Entered: 04/01/2026)

#12

Apr 01, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 4/6/2026; 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)

#13

Apr 01, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by PAMELA BONDI, TODD LYONS, MARKWAYNE MULLIN, LEONARD ODDO. (Sheehan-Balchon, Maureen) (Entered: 04/01/2026)

Apr 01, 2026

Order

#14

Apr 02, 2026

Errata re 2 Motion to Appear Pro Hac Vice, by MILTON NAHUN MARTINEZ RODRIGUEZ. Reason for Correction: Failed to Attach Certificates of Good Standing. (Attachments: # 1 Affidavit of Counsel in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit Certificates of Good Standing, # 3 Proposed Order) (Camilo, Jason) (Entered: 04/02/2026)

#15

Apr 06, 2026

ORDER granting 2 Motion for JASON SCOTT CAMILO to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 4/06/2026. 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: 04/06/2026)

#16

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 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 4/6/2026. 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

Apr 06, 2026

Order on Motion to Appear Pro Hac Vice