Western District of Pennsylvania • 3:26-cv-00622

#1

Apr 07, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9486451), filed by FERUZ KHUSHBOKOV. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Proposed Order) (Sobel, Jonathan) (Entered: 04/07/2026)

#2

Apr 07, 2026

BRIEF in Support of 1 Petition for Writ of Habeas Corpus, filed by FERUZ KHUSHBOKOV. (Sobel, Jonathan) (Entered: 04/07/2026)

#3

Apr 07, 2026

MOTION for Temporary Restraining Order by FERUZ KHUSHBOKOV. (Attachments: # 1 Proposed Order, # 2 Exhibit) (Sobel, Jonathan) (Entered: 04/07/2026)

#4

Apr 07, 2026

BRIEF in Support re 3 Motion for TRO filed by FERUZ KHUSHBOKOV. (Sobel, Jonathan) (Entered: 04/07/2026)

#5

Apr 07, 2026

MOTION for attorney Jonathan J. Sobel to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9486575) by FERUZ KHUSHBOKOV. (Attachments: # 1 Affidavit, # 2 Proposed Order, # 3 Exhibit) (Sobel, Jonathan) (Entered: 04/07/2026)

#6

Apr 07, 2026

CERTIFICATE of Compliance re 1 Petition for Writ of Habeas Corpus, by Jonathan J. Sobel on behalf of FERUZ KHUSHBOKOV (Sobel, Jonathan) (Entered: 04/07/2026)

#7

Apr 07, 2026

ORDER granting 5 Motion for Jonathan J. Sobel to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 4/07/2026. 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: 04/07/2026)

#8

Apr 07, 2026

ORDER DENYING 3 Motion for Temporary Restraining Order. In the 3 Motion, Petitioner seeks, inter alia, a bond hearing before an immigration judge. Given that Petitioner is requesting affirmative relief rather than maintenance of the status quo, Petitioner's request goes beyond the limited, temporary nature of a TRO and requires giving Respondents notice and an opportunity to be heard. See Hope v. Warden York County Prison, 956 F.3d 156, 162 (3d Cir. 2020). Accordingly, IT IS HEREBY ORDERED that the 3 Motion for a Temporary Restraining Order is DENIED. Signed by Judge Christy Criswell Wiegand on 4/7/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mkn) (Entered: 04/07/2026)

#9

Apr 07, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 4/7/2026. (bjw) (Entered: 04/07/2026)

Apr 07, 2026

Order on Motion to Appear Pro Hac Vice

Apr 07, 2026

Judge Christy Criswell Wiegand added. (keh)

Apr 07, 2026

Order on Motion for TRO

#10

Apr 08, 2026

NOTICE of Appearance by Joanne Reed on behalf of TODD BLANCHE, FIELD OFFICE DIRECTOR, TODD M. LYONS, MARKWAYNE MULLIN, LEONARD ODDO, U.S. DEPARTMENT OF HOMELAND SECURITY. (Reed, Joanne) (Entered: 04/08/2026)

#11

Apr 09, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 4/14/2026; Reply due 4/20/2026. Signed by Judge Christy Criswell Wiegand on 4/9/2026. 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: 04/09/2026)

Apr 09, 2026

Order

#12

Apr 14, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by TODD BLANCHE, FIELD OFFICE DIRECTOR, TODD M. LYONS, MARKWAYNE MULLIN, LEONARD ODDO, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit NTA, # 2 Exhibit Parole Authorization, # 3 Exhibit I-213) (Reed, Joanne) (Entered: 04/14/2026)

#13

Apr 14, 2026

REPLY BRIEF re 1 Petition for Writ of Habeas Corpus, 12 Response to Habeas Petition, filed by FERUZ KHUSHBOKOV. (Sobel, Jonathan) (Entered: 04/14/2026)

#14

Apr 15, 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. Petitioner entered the United States without inspection on or about March 10, 2023. ECF No. 1 at 1; ECF No. 12 at 1. He was placed into expedited removal proceedings. ECF No. 12 at 1. Following an Asylum Officers determination that Petitioner established a credible fear of persecution on April 3, 2023, Petitioner was paroled into the country and transferred to full removal proceedings. ECF No. 1 at 1. Around April 2026, Petitioner was arrested and detained by Immigration and Customs Enforcement ("ICE"). Id.; ECF No. 12-3. Petitioners immigration proceedings are ongoing. 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 decision in Matter of M-S-, 27 I. & N. Dec. 509, 515-17 (A.G. 2019), which states that aliens "originally placed in expedited proceedings and then transferred to full proceedings after establishing a credible fear... remain ineligible for bond, whether they are arriving at the border or are apprehended in the United States." ECF No. 12 at 2. The Court is not persuaded by Respondents' reliance on Matter of M-S-, 27 I. & N. Dec. 509 (A.G. 2019) to attempt to distinguish this Petition from others granted by this Court. Unlike the noncitizen detainee in Matter of M-S-, who was in continuous custody, Petitioner was paroled into the country. Petitioner's detention is governed by § 1226(a) and he therefore has a statutory right to a bond hearing. See Bohorquez-Hernandez v. Noem, et al., No. 3:26-CV-231-CCW, ECF No. 10 (W.D. Pa. Mar. 13, 2026) (Wiegand, J.). 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 and/or Matter of M-S-, 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 4/15/2026. 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: 04/15/2026)

Apr 15, 2026

Order Dismissing Case

#15

Apr 23, 2026

STATUS REPORT by TODD BLANCHE, FIELD OFFICE DIRECTOR, TODD M. LYONS, MARKWAYNE MULLIN, LEONARD ODDO, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit Bond Order) (Reed, Joanne) (Entered: 04/23/2026)

#16

Apr 24, 2026

Enforce

#17

Apr 24, 2026

BRIEF in Support re 16 Motion to Enforce filed by FERUZ KHUSHBOKOV. (Sobel, Jonathan) (Entered: 04/24/2026)

#18

Apr 27, 2026

ORDER. IT IS HEREBY ORDERED that Respondents shall respond to Petitioner's 16 Motion to Enforce by 5/1/2026. Signed by Judge Christy Criswell Wiegand on 4/27/2026. 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: 04/27/2026)

Apr 27, 2026

Order

Apr 27, 2026

CLERK'S NOTICE OF CORRECTION re 16 MOTION to Enforce Writ of Habeas Corpus and for Immediate Relief. ERROR: Document not linked. CORRECTION FOR FUTURE FILINGS: Filer advised to link filing to related document(s) in future filings. Clerk added link to appropriate document(s). THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (rjr)

#21

Apr 30, 2026

Order on Motion to Enforce