Western District of Pennsylvania • 3:26-cv-00701

#1

Apr 16, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9508986), filed by HERMINIO IVAN GARCIA LOPEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 - ICE Memo, # 3 Exhibit 2 - Romero-Nolasco, # 4 Exhibit 3 - NTA, # 5 Exhibit 4 - Form I-213, # 6 Exhibit 5 - Release Notice, # 7 Exhibit 6 - Asylum Application, # 8 Exhibit 7 - Notice of Class Membership, # 9 Exhibit 8 - Bail Bond, # 10 Exhibit 9 - Certificate of Completion, # 11 Exhibit 10 - I-914, # 12 Exhibit 11 - Joint Motion, # 13 Exhibit 12 - 2026 I-213, # 14 Exhibit 13 - DHS Motion to Recalendar, # 15 Exhibit 14 - Bond Motion, # 16 Exhibit 15 - IJ Denial of Bond Motion, # 17 Exhibit 16 - Maldonado Bautista, # 18 Exhibit 17 - Soto-Medina) (Pierce, Brittany) Modified to delete duplicate text on 4/16/2026. (keh) (Entered: 04/16/2026)

#2

Apr 16, 2026

NOTICE of Appearance by Brittany Sophrone Pierce on behalf of HERMINIO IVAN GARCIA LOPEZ. (Pierce, Brittany) (Entered: 04/16/2026)

#3

Apr 16, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 4/16/2026. (bjw) (Entered: 04/16/2026)

#4

Apr 16, 2026

CERTIFICATE of Compliance re 3 Case Management Order by Brittany Sophrone Pierce on behalf of HERMINIO IVAN GARCIA LOPEZ (Pierce, Brittany) (Entered: 04/16/2026)

Apr 16, 2026

Judge Christy Criswell Wiegand added. (keh)

#5

Apr 17, 2026

NOTICE of Appearance by V. Joseph Sonson on behalf of TODD BLANCHE, BRIAN MCSHANE, MARKWAYNE MULLIN, WARDEN OF MOSHANNON VALLEY PROCESSING CENTER. (Sonson, V.) (Entered: 04/17/2026)

#6

Apr 20, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 4/23/2026; Reply due 4/28/2026. Signed by Judge Christy Criswell Wiegand on 4/20/2026. 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: 04/20/2026)

Apr 20, 2026

Order

#7

Apr 23, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus filed by TODD BLANCHE, BRIAN MCSHANE, MARKWAYNE MULLIN, WARDEN OF MOSHANNON VALLEY PROCESSING CENTER. (Sonson, V.) (Entered: 04/23/2026)

#8

Apr 23, 2026

ORDER. On 4/16/2026, Petitioner filed a 1 Petition for Writ of Habeas Corpus requesting an individualized bond hearing pursuant to 8 U.S.C. Section 1226. The 1 Petition avers that Petitioner is currently detained at the Moshannon Valley Processing Center. See ECF No. 1 para. 1. However, ICE's publicly available online detainee locator system did not return any results for Petitioner's A-number when searched on 4/23/26 by the Court. Thus, it appears to the Court that Petitioner may no longer be in ICE custody, thereby rendering the 1 Petition moot. Accordingly, IT IS HEREBY ORDERED that, on or before 4/27/2026, the parties shall confer and file a joint status report regarding whether Petitioner remains in ICE custody and whether the 1 Petition is moot. Signed by Judge Christy Criswell Wiegand on 4/23/2026. 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: 04/23/2026)

Apr 23, 2026

Order

#9

Apr 24, 2026

STATUS REPORT (JOINT) by TODD BLANCHE, BRIAN MCSHANE, MARKWAYNE MULLIN, WARDEN OF MOSHANNON VALLEY PROCESSING CENTER. (Sonson, V.) (Entered: 04/24/2026)

#10

Apr 24, 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 Avila v. Bondi, No. 25-3248, 2026 WL 819258 (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. 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 4/24/2026. 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: 04/24/2026)

Apr 24, 2026

Order Dismissing Case