Western District of Pennsylvania • 3:26-cv-00581

#1

Mar 30, 2026

MOTION for Leave to Proceed in forma pauperis filed by WEMERSON DA SILVA RODRIGUES.(amas) (Entered: 04/01/2026)

#2

Mar 30, 2026

PETITION for Writ of Habeas Corpus, filed by WEMERSON DA SILVA RODRIGUES.(amas) Documents restricted to case participants only for PII. Modified text on 4/2/2026. (keh) (Entered: 04/01/2026)

#3

Mar 30, 2026

CONSENT to Jurisdiction by US Magistrate Judge by WEMERSON DA SILVA RODRIGUES.. (amas) (Entered: 04/01/2026)

#4

Mar 30, 2026

PRO SE NOTICE RE:GUIDELINES (MAILED TO PRO SE ON 4/1/26)(amas) (Entered: 04/01/2026)

#5

Apr 01, 2026

ORDER OF 4/1/26 THAT UPON CONSIDERATION OF THE PETITION FOR WRIT OF HABEAS CORPUS FILED UNDER 28 U.S.C. 2241 AND FOR THE REASONS SET FORTH IN THE FOOTNOTE BELOW, IT IS HEREBY ORDERED THAT THE CLERK OF COURT SHALL TRANSFER THIS ACTION TO THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA AND MARK THIS CASE CLOSED. SIGNED BY JUDGE JEFFREY L. SCHMEHL ON 4/1/26. 4/1/26 ENTERED AND COPIES MAILED.(dt) (Entered: 04/01/2026)

#6

Apr 01, 2026

Case transferred in from District of Pennsylvania Eastern; Case Number 2:26-cv-02080. Original file certified copy of transfer order and docket sheet received. (Entered: 04/01/2026)

#7

Apr 01, 2026

ORDER GRANTING 1 Motion for Leave to Proceed in forma pauperis. The Clerk of Court is directed to file the Petition on the docket FORTHWITH. 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)

#8

Apr 01, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 4/1/2026. (bjw) (Entered: 04/01/2026)

#9

Apr 01, 2026

PETITION for Writ of Habeas Corpus, filed by WEMERSON DA SILVA RODRIGUES. (keh) Documents restricted to case participants only for PII. Modified text on 4/2/2026. (keh) (Entered: 04/01/2026)

Apr 01, 2026

Judge Christy Criswell Wiegand added. (rjr)

Apr 01, 2026

Order on Motion for Leave to Proceed In Forma Pauperis

#10

Apr 02, 2026

NOTICE of Appearance by Michael Leo Ivory on behalf of PAMELA BONDI, BRIAN MCSHANE, Markwayne Mullin, LEONARD ODDO. (Ivory, Michael) (Entered: 04/02/2026)

#11

Apr 06, 2026

SCHEDULING ORDER. Response to 2 Petition for Writ of Habeas Corpus due by 4/13/2026; Reply due 4/21/2026. 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

#12

Apr 13, 2026

RESPONSE to 9 Petition for Writ of Habeas Corpus, filed by PAMELA BONDI, BRIAN MCSHANE, Markwayne Mullin, LEONARD ODDO. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Ivory, Michael) (Entered: 04/13/2026)

#13

Apr 22, 2026

Extension of Time to File Response/Reply

#14

Apr 23, 2026

ORDER GRANTING 13 Motion of Extension of Time to File Reply filed by Petitioner. In the 13 Motion, Petitioner seeks a two-day extension of the deadline to reply to the government's 12 Response in light of his delayed receipt of the 12 Response. The Court finds that there is good cause to grant the extension. Accordingly, IT IS HEREBY ORDERED that Petitioner shall file a reply to the government's 12 Response on or before 4/23/2026. Signed by Judge Christy Criswell Wiegand on 4/23/2026. 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: 04/23/2026)

#15

Apr 23, 2026

REPLY to 12 Response to Petition for Writ of Habeas Corpus, filed by WEMERSON DA SILVA RODRIGUES. (Attachments: # 1 Exhibit 1, # 2 Envelope) (keh) (Entered: 04/23/2026)

Apr 23, 2026

Order on Motion for Extension of Time to File Response/Reply

#16

May 20, 2026

ORDER GRANTING IN PART and DENYING IN PART 2 Petition. In the 2 Petition, Petitioner, a noncitizen detained by Respondents at Moshannon Valley Processing Center, seeks, inter alia, an individualized bond hearing before an immigration judge custody or, in the alternative, immediate release from custody. Petitioner entered the United States in February 2020 on a J1 visa that permitted him to remain in the country until January 22, 2021. ECF No. 12-1 at 4. Following the expiration of the visa, Petitioner remained within the country. In October 2025, he was served with a Notice to Appear and taken into custody as removable. In February 2026, at a hearing before an Immigration Judge ("IJ"), an IJ entered an order of removal against Petitioner. ECF No. 12-3. The removal order is not yet administratively final. Now, Petitioner seeks a bond hearing pursuant to 8 U.S.C. § 1226(a). Respondents acknowledge that Petitioner is detained pursuant to § 1226(a), and is therefore entitled to a bond hearing, but aver that Petitioner has not yet requested a bond hearing. ECF No. 12 at 1-3. Therefore, according to Respondents, Petitioner has not yet exhausted administrative remedies and this Court lacks jurisdiction to grant the 2 Petition. However, in his reply brief, Petitioner contends that he has repeatedly requested a bond hearing "via Talton detainee system and in person with ICE officers." ECF No. 15 at 1. In light of Petitioner's requests for a bond hearing, the Court concludes that Petitioner has exhausted administrative remedies available to him, and the government's failure to provide Petitioner with a bond hearing violates his due process rights. See Doe v. Jamison, No. CV 26-1906, 2026 WL 916568, at *4 (E.D. Pa. Mar. 31, 2026) ("Section 1226(a) entitles Petitioner to a bond redetermination hearing, and Petitioner's detention without a bond hearing, despite his requests for one, violates due process."). 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 5/20/2026. 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: 05/20/2026)

#17

May 20, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No. 16). Signed by Judge Christy Criswell Wiegand on 5/20/2026. 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: 05/20/2026)

May 20, 2026

Order

May 20, 2026

Order Dismissing Case