Western District of Pennsylvania • 3:26-cv-00700

#1

Apr 15, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9508197), filed by TEMIRLAN ZHUSUPOV. (Attachments: # 1 Civil Cover Sheet) (Casazza, Christopher) (Entered: 04/15/2026)

#2

Apr 15, 2026

MOTION for attorney CHRISTOPHER CASAZZA to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9508204) by TEMIRLAN ZHUSUPOV. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Proposed Order) (Casazza, Christopher) (Entered: 04/15/2026)

#3

Apr 17, 2026

ORDER granting 2 Motion for CHRISTOPHER CASAZZA to Appear Pro Hac Vice.. Signed by Judge Christy Criswell Wiegand on 4/17/2026. 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: 04/17/2026)

Apr 17, 2026

Judge Christy Criswell Wiegand added. (ert)

Apr 17, 2026

Order on Motion to Appear Pro Hac Vice

#4

Apr 20, 2026

Case Management Order

#5

Apr 23, 2026

CERTIFICATE of Compliance re 4 Case Management Order by Christopher M Casazza on behalf of TEMIRLAN ZHUSUPOV (Casazza, Christopher) (Entered: 04/23/2026)

#6

Apr 27, 2026

NOTICE of Appearance by Jonathan David Lusty on behalf of LEONARD ODDO, JOHN RIFE. (Lusty, Jonathan) (Entered: 04/27/2026)

#7

Apr 28, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 4/30/2026; Reply due 5/5/2026. Signed by Judge Christy Criswell Wiegand on 4/28/2026. 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: 04/28/2026)

Apr 28, 2026

Order

#8

Apr 30, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by LEONARD ODDO, JOHN RIFE. (Lusty, Jonathan) (Entered: 04/30/2026)

#9

Apr 30, 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. 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 Third Circuit has not yet ruled on this issue and there is a split among several Courts of Appeals. See Buenrostro-Mendez v. Bondi, 166 F.4th 494 (5th Cir. 2026) (noncitizens present in the United States who have not been admitted are "applicants for admission" subject to mandatory detention); see also Avila v. Bondi, No. 25-3248, 2026 WL 819258 (8th Cir. Mar. 25, 2026) (same); but see Cunha v. Freden, No. 25-3141, 2026 WL 1146044, at *2 (2d Cir. Apr. 28, 2026) ("Section 1225(b)(2)(A) does not apply to such noncitizens... who are present in the United States after entering the country without inspection and admission, and who were not apprehended while entering the country or shortly thereafter"); 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). This Court agrees with the United States Court of Appeals for the Second Circuit. And 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 4/30/2026. 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: 04/30/2026)

Apr 30, 2026

Order Dismissing Case