Western District of Pennsylvania • 3:26-cv-00653
Garcia Alvarado v. ODDO
Completed
Case Information
Filed: April 10, 2026
Assigned to:
J. Nicholas Ranjan
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Pretrial Detainee)
Completed: May 18, 2026
Last Activity:
May 18, 2026
Parties:
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Docket Entries
#1
Apr 10, 2026
PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9495287), filed by Selvin Haroldo Garcia Alvarado. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons) (Griffin, Henry) (Entered: 04/10/2026)
Main Document:
ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)
Apr 10, 2026
Judge J. Nicholas Ranjan added. (bjr)
#2
Apr 13, 2026
CASE MANAGEMENT ORDER. Petitioner's counsel shall serve Respondents with a copy of this Order and the Petition via e-mail, as specified, and file a notice of compliance. Respondents' counsel shall file a notice of appearance within 3 days of the filing of Petitioner's Certificate of Compliance of Service. Respondents shall file any responses or answers to the petition within 30 days of the date of service. Petitioner's reply is due within 5 days of Respondents' response. Signed by Judge J. Nicholas Ranjan on 4/13/2026. (pak) (Entered: 04/13/2026)
Main Document:
Case Management Order
#4
Apr 17, 2026
NOTICE of Appearance by Jerome A. Moschetta on behalf of TODD LYONS, LEONARD ODDO. (Moschetta, Jerome) (Entered: 04/17/2026)
Main Document:
NOTICE
#5
Apr 21, 2026
Amended Complaint
Main Document:
Amended Complaint
#6
Apr 21, 2026
Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
Main Document:
Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
#7
Apr 21, 2026
CERTIFICATE of Compliance re 2 Case Management Order,, by Henry Caleb Griffin on behalf of Selvin Haroldo Garcia Alvarado (Griffin, Henry) (Entered: 04/21/2026)
Main Document:
CERTIFICATE
#8
Apr 21, 2026
Proposed Order re 6 Motion to Appear Pro Hac Vice by Selvin Haroldo Garcia Alvarado. (Griffin, Henry) (Entered: 04/21/2026)
Main Document:
Proposed
#9
Apr 22, 2026
Amended Petition for Writ of Habeas Corpus
Main Document:
Amended Petition for Writ of Habeas Corpus
#10
Apr 22, 2026
Order on Motion to Appear Pro Hac Vice
Main Document:
Order on Motion to Appear Pro Hac Vice
Apr 22, 2026
CLERK'S NOTICE OF CORRECTION re 5 Amended Complaint,. ERROR: Wrong event selected. CORRECTION FOR FUTURE FILINGS: Clerk has redocketed the entry with the correct event. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (bjr)
#11
May 15, 2026
RESPONSE to 9 Amended Petition for Writ of Habeas Corpus, filed by TODD LYONS, LEONARD ODDO, UNITED STATES OF AMERICA, KURT WOLFORD. (Attachments: # 1 Exhibit (Notice to Appear), # 2 Exhibit (Removal Order)) (Moschetta, Jerome) (Entered: 05/15/2026)
Main Document:
RESPONSE
#12
May 18, 2026
ORDER. For the reasons stated in Villagrez v. Bondi, et al., No. 26-72, 2026 WL 545380 (W.D. Pa. Feb. 26, 2026) (Ranjan, J.), the Court GRANTS the 1 habeas petition. Additionally, to the extent that the government argues that the presence of 8 U.S.C. § 1182(d)(5)(A) subjects Petitioner to mandatory detention, the Court disagrees. See Qasemi v. Francis, No. 25-CV-10029 (LJL), 2025 WL 3654098, at *1011, 13 (S.D.N.Y. Dec. 17, 2025) (finding that Section 1182(d)(5)(A)'s language of "returned to the custody from which he was paroled" refers to DHS's control over Petitioner, not the prior detention status to which Petitioner was subjected to at an earlier time). The Court ISSUES the writ, on these terms. (1) Respondents shall cause Petitioner to be taken to a neutral immigration judge of the Executive Office of Immigration Review for an individualized bond hearing to occur within 30 days of this order, or else release Petitioner by such date. (2) Respondents shall ensure that such a hearing include the required due process, i.e., at a minimum, factfinding based on a record produced before the decisionmaker and disclosed to Petitioner; an opportunity to make arguments on the Petitioner's behalf; and the right to an individualized determination of Petitioner's interests. See Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022). (3) Petitioner shall be responsible for securing the necessary transcripts and record of the bond hearing. The Court further finds that Respondents' position was substantially justified in this case, so no fees shall be awarded. The Court trusts the immigration judge to comply with this order and ensure that Petitioner is provided due process, and therefore the immigration judge shall explain his or her individualized determination on the record. See Kamara v. Atty Gen. of U.S., 420 F.3d 202, 212 (3d Cir. 2005). The Clerk of Court shall administratively CLOSE this case. Signed by Judge J. Nicholas Ranjan on 5/18/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 05/18/2026)
#13
May 18, 2026
FINAL JUDGMENT, entered consistent with the above order (ECF 12). Signed by Judge J. Nicholas Ranjan on 5/18/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 05/18/2026)
May 18, 2026
Order
May 18, 2026
Judgment (Rule 58)
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