Western District of Pennsylvania • 3:26-cv-00792

#1

Apr 30, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9544602), MOTION for Leave to Proceed in forma pauperis, filed by Erhan Koluman. (Attachments: # 1 Civil Cover Sheet, # 2 Affidavit, # 3 Proposed Order) (Marsan, Esra) Incorrect event selected. Motion terminated; no motion provided and filing fee paid. Modified text on 5/1/2026. (cww) (Entered: 04/30/2026)

#2

Apr 30, 2026

MOTION for attorney Esra Marsan to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9544617) by Erhan Koluman. (Marsan, Esra) Documents refiled at Errata 5 . Modified text on 5/5/2026. (rjr) (Entered: 04/30/2026)

#3

Apr 30, 2026

W/ 2 BRIEF in Support re 2 Motion to Appear Pro Hac Vice filed by Erhan Koluman. (rjr) (Entered: 05/01/2026)

May 01, 2026

Judge Stephanie L. Haines added. (rjr)

May 01, 2026

CLERK'S NOTICE OF CORRECTION re 1 Petition for Writ of Habeas Corpus,. ERROR: Party role(s) entered incorrectly. CORRECTION FOR FUTURE FILINGS: Attorney is directed to enter party roles correctly in all future filings. The party roles in a Petition for Writ of Habeas Corpus is Petitioner(s) v. Respondent(s). THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (rjr)

May 01, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 2 MOTION for attorney Esra Marsan to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9544617). ERROR: Filer did not attach a Proposed Order as required by LCvR 7. CORRECTION: Filer to submit a proposed order using the Proposed Order event. Filer is to link the Proposed Order to the relevant motion in the event. (rjr)

May 01, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 2 MOTION for attorney Esra Marsan to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9544617). ERROR: Case number is not included on document. CORRECTION: Filer is directed to file the document with a corrected case number using the Errata event. (rjr)

#4

May 05, 2026

CASE MANAGEMENT ORDER: AND NOW, this 5th day of May 2026, IT IS HEREBY ORDERED as follows: 1. Service. Petitioner's counsel shall serve Respondents with a copy of this order and the Petition via a single e-mail at: usapaw.civ.imm.2241.moshannon@usdoj.gov. The subject line of the email shall contain the case caption and case number of this matter. If the Petition contains voluminous exhibits, they need not be emailed. The email service shall be deemed sufficient to accomplish formal service of the Petition. No other documents, pleadings, or motions may be emailed to this email address. 2. Certificate of compliance of service. Upon completion of service via e-mail as reflected in Paragraph 1, Petitioner's counsel shall file a notice of compliance, certifying the date and time of service. 3. Respondents' counsel notice of appearances. Counsel for Respondents shall file a notice of appearance within 3 days of the filing of Petitioner's Certificate of Compliance of Service. 4. Respondents' response to the petition. The Court has reviewed the petition and supporting materials, and finds that the threshold issue concerns whether Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226, or whether he is subject to mandatory detention under 8 U.S.C. § 1225 pursuant to the interpretation set forth in Matter of Q. Li, 29 I. & N. Dec. 66 (BIA 2025) and Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025), and as more fully stated in said Case Management Order. Signed by Judge Stephanie L. Haines on 5/5/2026. (dlg) (Entered: 05/05/2026)

#5

May 05, 2026

Errata re 2 MOTION to Appear Pro Hac Vice by Erhan Koluman. Reason for Correction: Adding the case number to the document as requested by the Clerk.. (Attachments: # 1 Proposed Order) (Marsan, Esra) Modified text on 5/5/2026 to correct linkage. (rjr) (Entered: 05/05/2026)

#6

May 07, 2026

CERTIFICATE of Compliance re 4 CASE MANAGEMENT ORDER by Esra Marsan on behalf of Erhan Koluman (Marsan, Esra) Modified text on 5/8/2026 to add linkage. (rjr) (Entered: 05/07/2026)

#7

May 08, 2026

NOTICE of Appearance by Jonathan David Lusty on behalf of ATTORNEY GENERAL OF UNITED STATES, Field Office Director of the U.S. Immigration and Customs Enforcement Philadelphia Field Office (Enforcement and Removal Operations), SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, WARDEN MOSHANNON VALLEY PROCESSING CENTER. (Lusty, Jonathan) (Entered: 05/08/2026)

May 08, 2026

CLERK'S NOTICE OF CORRECTION re 6 Certificate of Compliance. ERROR: Exhibits were filed as part of the main document. CORRECTION FOR FUTURE FILINGS: Attorney advised that in future exhibits are to be made attachments to the main document. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (rjr)

May 08, 2026

CLERK'S NOTICE OF CORRECTION re 6 Certificate of Compliance. 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)

#8

May 14, 2026

MOTION for Extension of Time to File Response/Reply as to 1 Petition for Writ of Habeas Corpus, by ATTORNEY GENERAL OF UNITED STATES, Field Office Director of the U.S. Immigration and Customs Enforcement Philadelphia Field Office (Enforcement and Removal Operations), SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, WARDEN MOSHANNON VALLEY PROCESSING CENTER. (Attachments: # 1 Proposed Order) (Lusty, Jonathan) Modified text on 5/15/2026. (rjr) (Entered: 05/14/2026)

#9

May 14, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by ATTORNEY GENERAL OF UNITED STATES, Field Office Director of the U.S. Immigration and Customs Enforcement Philadelphia Field Office (Enforcement and Removal Operations), SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, WARDEN MOSHANNON VALLEY PROCESSING CENTER. (Lusty, Jonathan) Modified text on 5/15/2026. (rjr) (Entered: 05/14/2026)

#10

May 18, 2026

REPLY re 9 RESPONSE filed by Erhan Koluman. (Marsan, Esra) Modified text on 5/19/2026 to add linkage. (rjr) (Entered: 05/18/2026)

May 19, 2026

CLERK'S NOTICE OF CORRECTION re 10 Reply. 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)

#11

May 20, 2026

ORDER granting 2 Motion for Esra Marsan to Appear Pro Hac Vice. Signed by Judge Stephanie L. Haines on 5/20/2026. (dlg) (Entered: 05/20/2026)

#12

May 26, 2026

ORDER - For the reasons stated by this Court in Calzado Diaz v. Noem, No. 3:25-cv-458, 2025 WL 3628480 (W.D. Pa. Dec. 15, 2025), vacated as moot, ECF No. 22 (Dec. 17, 2025) ("[T]he Court stresses that the general legal conclusions in the Court's opinion at ECF No. 16 regarding the application of §§ 1225 and 1226 remain unchanged by this Memorandum Order"), it is hereby ORDERED as follows: 1) The Petition for Writ of Habeas Corpus, ECF No. 1, is GRANTED to the extent it seeks an individualized bond hearing before an immigration judge. 2) The Motion for Extension of Time, ECF No. 8, is DISMISSED as moot. 3) The Government is directed to provide Petitioner with the statutory process required under 8 U.S.C. § 1226(a), which includes a bond hearing. 4) The bond hearing shall include an individualized determination of whether Petitioner poses a danger to the community or a flight risk under the ordinary § 1226(a) framework. The immigration judge shall state the reasons for the custody determination orally on the record or in writing. If bond is denied, the immigration judge shall identify the principal facts and evidence relied upon in determining that Petitioner poses a danger to the community, a flight risk, or both. Nothing in this Order requires the immigration judge to reach any particular custody determination. 5) The Government shall arrange for an individualized bond hearing to be conducted by an immigration judge by Tuesday, June 2, 2026. 6) If Petitioner is not provided with a bond hearing by Tuesday, June 2, 2026, or if the immigration judge declines jurisdiction or denies eligibility for a bond hearing based on Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025), or Matter of Q. Li, 29 I&N Dec. 66 (BIA 2025), or the statutory interpretation of Section 1225(b)(2) that this Court has rejected, Respondents shall immediately release Petitioner from custody. 7) If Petitioner is granted bond and the Government appeals the Immigration Judge's decision on the basis that Petitioner's detention is mandatory under 8 U.S.C. § 1225(b)(2), then, upon notification to this Court, the writ shall issue and Petitioner shall be automatically released from custody. 8) The parties shall provide notice to the Court of the outcome of the individualized bond hearing within seven days of the date of the immigration judge's decision. 9) With no further action required by the Court at this time, the Clerk of Court shall mark this matter closed. Signed by Judge Stephanie L. Haines on 5/26/2026. (dlg) (Entered: 05/26/2026)

#13

May 26, 2026

JUDGMENT - It is hereby ORDERED, ADJUDGED AND DECREED that, pursuant to Rule 58 of the Federal Rules of Civil Procedure, FINAL JUDGMENT is entered in favor of Petitioner and against Respondents. Signed by Judge Stephanie L. Haines on 5/26/2026. (dlg) (Entered: 05/26/2026)