Western District of Pennsylvania • 3:26-cv-00536

#1

Mar 26, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, Receipt Number 111), filed by Foziljon Akhmadjonov. (Attachments: # 1 Civil Cover Sheet) (ea) (Entered: 03/26/2026)

#2

Mar 26, 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: 03/26/2026)

#3

Mar 26, 2026

ORDER TO SHOW CAUSE - it is hereby ORDERED that the Clerk of Court is directed to SERVE a copy of the petition (Doc. 1)and this order on respondents and the United States Attorney. Alldocuments filed by the parties and by the court shall be served upon the United States Attorney. Respondents shall file, within twenty-one (21) days from the date of this order, a response to the petition. Signed by Honorable Keli M. Neary on 3/26/2026. (mw) (Entered: 03/26/2026)

#4

Mar 26, 2026

SHOW CAUSE ORDER and Petition for Habeas Corpus Served on US Attorney. (mw) (Entered: 03/26/2026)

#5

Mar 27, 2026

ORDER - it is hereby ORDERED that the order to show cause (Doc. 3) is held in ABEYANCE pending further action of the court. The Clerk of Court shall TRANSFER this case to the Western District of Pennsylvania. Thereafter, the Clerk of Court shall CLOSE the case in this district. Signed by Honorable Keli M. Neary on 3/27/2026. (mw) (Entered: 03/27/2026)

#6

Mar 27, 2026

Case transferred in from District of Pennsylvania Middle; Case Number 1:26-cv-00777. Original file certified copy of transfer order and docket sheet received. (Entered: 03/27/2026)

#7

Mar 27, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 3/27/2026. (bjw) (Entered: 03/27/2026)

Mar 27, 2026

Judge Christy Criswell Wiegand added. (bjr)

#8

Mar 31, 2026

NOTICE of Appearance by Brendan T. Conway on behalf of PAMELA BONDI, TODD LYONS, BRIAN MCSHANE, MOSHANNON VALLEY PROCESSING CENTER, MARKWAYNE MULLIN, KRISTI NOEM. (Conway, Brendan) (Entered: 03/31/2026)

#9

Mar 31, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 4/6/2026; Reply due 4/14/2026. 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)

Mar 31, 2026

Order

#10

Apr 03, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by PAMELA BONDI, TODD LYONS, BRIAN MCSHANE, MOSHANNON VALLEY PROCESSING CENTER, MARKWAYNE MULLIN, KRISTI NOEM. (Conway, Brendan) (Entered: 04/03/2026)

#11

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). See ECF No. 10. 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 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. 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