Western District of Pennsylvania • 3:26-cv-00605

#1

Apr 03, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9480045), filed by FIDEL CALLEJAS ZELAYA. (Attachments: # 1 Civil Cover Sheet) (Smulow, Daniel) Duplicative text removed. Modified text on 4/6/2026. (tla) Civil Cover Sheet removed from view; refiled as an Errata at 3 . Modified text on 4/6/2026. (tla) (Entered: 04/03/2026)

#2

Apr 03, 2026

MOTION for attorney Daniel I. Smulow to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9480133) by Fidel Callejas Zelaya. (Attachments: # 1 Affidavit, # 2 Proposed Order, # 3 Exhibit Certificate of Good Standing) (Smulow, Daniel) Duplicative text removed. Modified text on 4/6/2026. (tla) Proposed order removed from view; link added to Errata filed at 4 . Modified text on 4/6/2026. (tla) (Entered: 04/03/2026)

#3

Apr 06, 2026

Errata re 1 Petition for Writ of Habeas Corpus, by FIDEL CALLEJAS ZELAYA. Reason for Correction: Civil Cover Sheet including petitioner's county of residence. (Smulow, Daniel) (Entered: 04/06/2026)

#4

Apr 06, 2026

Errata re 2 Motion to Appear Pro Hac Vice, by FIDEL CALLEJAS ZELAYA. Reason for Correction: Corrected captions. (Attachments: # 1 Proposed Order) (Smulow, Daniel) (Entered: 04/06/2026)

#5

Apr 06, 2026

ORDER granting 2 Motion for Daniel I. Smulow 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)

#6

Apr 06, 2026

Case Management Order

#7

Apr 06, 2026

CERTIFICATE OF SERVICE by FIDEL CALLEJAS ZELAYA re 1 Petition for Writ of Habeas Corpus, (Smulow, Daniel) (Entered: 04/06/2026)

Apr 06, 2026

Order on Motion to Appear Pro Hac Vice

Apr 06, 2026

Judge Christy Criswell Wiegand added. (tla)

Apr 06, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 2 MOTION for attorney Daniel I. Smulow to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9480133), 1 Petition for Writ of Habeas Corpus,. ERROR: Caption on the Motion and Proposed Order does not match the case.Civil Cover Sheet improperly completed, missing Plaintiff county of residence. CORRECTION: Filer is directed to file the documents with a corrected caption using the Errata event.Filer to resubmit properly completed Civil Cover Sheet using the Errata event, linking the document to the previous entry. (tla)

#8

Apr 08, 2026

NOTICE of Appearance by William Guappone on behalf of TODD BLANCHE, TODD LYONS, BRIAN MCSHANE, MARKWAYNE MULLIN, LEONARD ODDO, JR. (Guappone, William) (Entered: 04/08/2026)

#9

Apr 08, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 4/13/2026; Reply due 4/20/2026. Signed by Judge Christy Criswell Wiegand on 4/8/2026. 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: 04/08/2026)

Apr 08, 2026

Order

#10

Apr 10, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by TODD BLANCHE, TODD LYONS, BRIAN MCSHANE, MARKWAYNE MULLIN, LEONARD ODDO, JR. (Guappone, William) (Entered: 04/10/2026)

#11

Apr 10, 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. The Clerk of Court is directed to mark this case CLOSED. Signed by Judge Christy Criswell Wiegand on 4/10/2026. 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: 04/10/2026)

Apr 10, 2026

Order Dismissing Case