Western District of Pennsylvania • 3:26-cv-00790

#1

Apr 30, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9543809), filed by JORGE FAUSTINO JURADO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit A) (Tomczak, Kimberly) (Entered: 04/30/2026)

Apr 30, 2026

Judge Arthur J. Schwab added. (ert)

#2

May 01, 2026

Case Management Order

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May 01, 2026

CERTIFICATE of Compliance re 2 Case Management Order,, by Kimberly A Tomczak on behalf of JORGE FAUSTINO JURADO (Tomczak, Kimberly) (Entered: 05/01/2026)

#4

May 04, 2026

NOTICE of Appearance by Brendan James McKenna on behalf of TODD BLANCHE, TODD M. LYONS, MARKWAYNE MULLIN, LEONARD ODDO, JOHN E. RIFE. (Attachments: # 1 Certificate of Service) (McKenna, Brendan) (Entered: 05/04/2026)

#5

May 06, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by TODD BLANCHE, TODD M. LYONS, MARKWAYNE MULLIN, LEONARD ODDO, JOHN E. RIFE. (Attachments: # 1 Certificate of Service) (McKenna, Brendan) (Entered: 05/06/2026)

#6

May 12, 2026

ORDER. IT IS HEREBY ORDERED that Petitioner's 1 Petition for Writ of Habeas Corpus is GRANTED IN PART and DENIED IN PART as follows. For the reasons stated in Rivera Juarez v. Oddo et al., 3:26-cv-718 (W.D. Pa) (Schwab, J.) (Doc. 10), the Court GRANTS the 1 habeas petition and 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); and (3) Petitioner shall be responsible for securing the necessary transcripts and record of the bond hearing. See also Hernandez Alvarez v. Warden, Fed. Detention Ctr. Miami, No. 25-14065, 2026 WL 1243395 (11th Cir. May 6, 2026); Castanon-Nava v. U.S. Dept. of Homeland Sec., No. 25-3050, 2026 WL 1223250 (7th Cir. May 5, 2026). Otherwise, the 1 habeas petition is DENIED, including as to Petitioner's request for attorneys fees and costs under the EAJA. The Court finds that Respondents' position was substantially justified in this case, so no fees or costs shall be awarded pursuant to EAJA. Signed by Judge Arthur J. Schwab on 5-12-26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm) (Entered: 05/12/2026)

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May 12, 2026

Judgment (Rule 58)

May 12, 2026

Order

#8

Jun 10, 2026

NOTICE by TODD BLANCHE, TODD M. LYONS, MARKWAYNE MULLIN, LEONARD ODDO, JOHN E. RIFE (Attachments: # 1 Certificate of Service) (McKenna, Brendan) (Entered: 06/10/2026)

#9

Jun 11, 2026

AMENDED ORDER. Having reviewed 8 counsel for Respondents' Notice, it is ORDERED that the 6 Order entered on May 12, 2026 is AMENDED as follows: IT IS HEREBY ORDERED that Petitioner's 1 Petition for Writ of Habeas Corpus is GRANTED IN PART and DENIED IN PART as follows. For the reasons stated in Rivera Juarez v. Oddo et al., 3:26-cv-718 (W.D. Pa) (Schwab, J.) (Doc. 10), the Court GRANTS the 1 habeas petition and 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 14 days of Petitioner's return to the United States, 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); and (3) Petitioner shall be responsible for securing the necessary transcripts and record of the bond hearing. See also Hernandez Alvarez v. Warden, Fed. Detention Ctr. Miami, No. 25-14065, 2026 WL 1243395 (11th Cir. May 6, 2026); Castanon-Nava v. U.S. Dept. of Homeland Sec., No. 25-3050, 2026 WL 1223250 (7th Cir. May 5, 2026). Otherwise, the 1 habeas petition is DENIED, including as to Petitioner's request for attorneys fees and costs under the EAJA. The Court finds that Respondents' position was substantially justified in this case, so no fees or costs shall be awarded pursuant to EAJA. Signed by Judge Arthur J. Schwab on 6/11/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lar) (Entered: 06/11/2026)

#10

Jun 11, 2026

AMENDED RULE 58 JUDGMENT ORDER. IT IS HEREBY ORDERED that pursuant to Rule 58 of the Federal Rules of Civil Procedure, Judgment is entered in favor of Petitioner and against Respondents only as specified in the Text Order issued this day at Doc. No. 9 . This case remains administratively CLOSED. Signed by Judge Arthur J. Schwab on 6/11/2026. (lar) (Entered: 06/11/2026)

Jun 11, 2026

Order