Western District of Pennsylvania • 3:25-cv-00378

#1

Oct 28, 2025

PETITION for Writ of Habeas Corpus (Verified) (Filing fee $5, receipt number APAWDC-9167173), filed by Javier Edenilson Perez-Aguirre. (Attachments: # 1 Civil Cover Sheet) (Green, Brian) (Entered: 10/28/2025)

Oct 29, 2025

Magistrate Judge Keith A. Pesto added. (cel)

#2

Nov 13, 2025

RULE and ORDER directing the Marshal to make service of the petition and this Rule and Order on the respondents and the United States Attorney for the Western District of Pennsylvania, costs to be advanced by the petitioner. Within sixty days of service, respondent, through the United States Attorney for the Western District of Pennsylvania, shall file a response to the allegations in the petition for the writ of habeas corpus, showing cause, if any, why the writ should not be granted. Signed by Magistrate Judge Keith A. Pesto on 11/13/2025. (bgs) (Entered: 11/13/2025)

#3

Feb 17, 2026

CERTIFICATE OF SERVICE by Javier Edenilson Perez-Aguirre re 2 Order, 1 Petition for Writ of Habeas Corpus (Attachments: # 1 Exhibit A) (Green, Brian) (Entered: 02/17/2026)

#4

Mar 01, 2026

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by Javier Edenilson Perez-Aguirre. (Green, Brian) (Entered: 03/01/2026)

#5

Mar 04, 2026

NOTICE of Appearance by Michael Leo Ivory on behalf of PAMELA JO BONDI, TODD M. LYONS, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO. (Ivory, Michael) (Entered: 03/04/2026)

#6

Mar 04, 2026

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by PAMELA JO BONDI, TODD M. LYONS, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO. (Ivory, Michael) (Entered: 03/04/2026)

Mar 12, 2026

Case Reassigned to Chief Magistrate Judge Richard A. Lanzillo. Magistrate Judge Keith A. Pesto no longer with the court. (dmh)

#7

Mar 18, 2026

ORDER Response/Briefing Schedule re 1 Petition for Writ of Habeas Corpus. Respondents shall file any responses or answers to the Petition within 14 days of the date of this order. If circumstances have arisen rendering the Petition moot, a status report so to advise the Court should be filed as soon as practical. Signed by Chief Magistrate Judge Richard A. Lanzillo on 3/18/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dlh) (Entered: 03/18/2026)

Mar 18, 2026

Order Response/Briefing Schedule

#8

Apr 01, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by PAMELA JO BONDI, TODD M. LYONS, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO. (Attachments: # 1 Exhibit 1) (Ivory, Michael) (Entered: 04/01/2026)

#9

Apr 14, 2026

BRIEF in Support of 1 Petition for Writ of Habeas Corpus (Supplemental) filed by Javier Edenilson Perez-Aguirre. (Green, Brian) (Entered: 04/14/2026)

#10

May 26, 2026

REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus filed by Javier Edenilson Perez-Aguirre. It is respectfully recommended that the Petition for Writ of Habeas Corpus filed by Javier Edenilson Perez-Aguirre ("Petitioner") be granted to the extent that it requests that Petitioner receive an individualized bond hearing before a neutral immigration judge pursuant to 8 U.S.C. § 1226 and denied to the extent that it seeks other relief. Objections to R&R due by 6/9/2026. Signed by Chief Magistrate Judge Richard A. Lanzillo on 5/26/2026. (dlh) (Entered: 05/26/2026)

May 26, 2026

Judge Stephanie L. Haines added. District Judge Stephanie L. Haines presiding and Magistrate Judge Richard A. Lanzillo referred. (dlh)

#11

Jun 09, 2026

OBJECTIONS to 10 Report and Recommendation, by PAMELA JO BONDI, TODD M. LYONS, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO. (Ivory, Michael) Modified text on 6/11/2026. (cel) (Entered: 06/09/2026)

#12

Jun 10, 2026

MEMORANDUM ORDER - IT IS ORDERED that the petition for writ of habeas corpus (ECF No. 1 ) hereby is GRANTED. Respondents are directed to provide Petitioner with the statutory process required under 8 U.S.C. Section 1226(a), which includes a bond hearing before a neutral immigration judge within seven (7) days of this Order; and, IT IS FURTHER ORDERED that the bond hearing shall include an individualized determination of whether Petitioner poses a danger to the community or a flight risk under the ordinary Section 1226(a) framework. The immigration judge shall state the reasons for the custody determination orally on the record or in writing. If bond is denied, the immigration judge shall identify the principal facts and evidence relied upon in determining that Petitioner poses a danger to the community, a flight risk, or both. Nothing in this Order requires the immigration judge to reach any particular custody determination; and, IT IS FURTHER ORDERED that if Petitioner is not provided with a bond hearing by the timeframe specified, or if the immigration judge declines to conduct a bond hearing based on Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025), or Matter of Q. Li, 29 I&N Dec. 66 (BIA 2025), or the statutory interpretation of Section 1225(b)(2) that this Court has rejected, Respondents shall immediately release Petitioner from custody; and, IT IS FURTHER ORDERED that Respondents shall provide notice to the Court of the outcome of the individualized bond hearing within seven (7) days of the date of the immigration judge's decision; and, IT IS FURTHER ORDERED that Magistrate Judge Lanzillo's Report and Recommendation (ECF No. 10) is adopted as the Opinion of the Court; and, IT IS FURTHER ORDERED that Respondents Objections (ECF No. 11) are OVERRULED; and, IT IS FURTHER ORDERED that the Clerk of Court is directed to mark this matter closed, and as more fully stated in said Memorandum Order. Signed by Judge Stephanie L. Haines on 6/10/2026. (dlg) (Entered: 06/10/2026)

#13

Jun 10, 2026

JUDGMENT - It is hereby ORDERED, ADJUDGED AND DECREED that final judgment is entered pursuant to Rule 58 of the Federal Rules of Civil Procedure in favor of Petitioner and against Respondents. Signed by Judge Stephanie L. Haines on 6/10/2026. (dlg) (Entered: 06/10/2026)

#14

Jul 30, 2026

NOTICE of Substitution of Attorney Appearance by Christopher W. Cahillane on behalf of Javier Edenilson Perez-Aguirre. (Cahillane, Christopher) Modified text on 7/31/2026 to correct Event. (cel) (Entered: 07/30/2026)

#15

Jul 30, 2026

MOTION to Enforce Judgment and June 10, 2026 Memorandum Order by Javier Edenilson Perez-Aguirre. Motion(s) referred to Richard A. Lanzillo. (Attachments: # 1 Proposed Order) (Cahillane, Christopher) Modified text on 7/31/2026. (cel) (Entered: 07/30/2026)

#16

Jul 30, 2026

Errata re 15 Motion to Enforce Judgment and June 10, 2026 Memorandum Order by Javier Edenilson Perez-Aguirre. Reason for Correction: Exhibits were omitted from original filing. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order) (Cahillane, Christopher) (Entered: 07/30/2026)

Jul 31, 2026

CLERK'S NOTICE OF CORRECTION re 14 Notice of Appearance. ERROR: Wrong event selected. CORRECTION FOR FUTURE FILINGS: Clerk has redocketed the entry with the correct event: Notice of Substitution of Attorney Appearance. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (cel)

#17

Aug 10, 2026

NOTICE OF APPEAL as to 13 Rule 58 Judgment, 12 Order on Report and Recommendations, by PAMELA JO BONDI, TODD M. LYONS, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO. Certificate of Appealability GRANTED. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Ivory, Michael) Modified text on 8/12/2026. (cel) (Entered: 08/10/2026)

#18

Aug 12, 2026

USCA Case Number 26-3035 for 17 Notice of Appeal, filed by BRIAN MCSHANE, LEONARD ODDO, KRISTI NOEM, TODD M. LYONS, PAMELA JO BONDI. USCA Case Manager Pamela (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (pdb3) Modified text on 8/14/2026. (cel) (Entered: 08/12/2026)