Western District of Pennsylvania • 3:26-cv-00796

PEREZ-GARCIA v. NOEM

Completed

Case Information

Filed: May 01, 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: June 04, 2026
Last Activity: August 25, 2026
Parties: View All Parties →

Docket Entries

#1
May 01, 2026
PETITION for Writ of Habeas Corpus ($5, receipt number 300001021), filed by MAILAINE ARIANNA PEREZ-GARCIA. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Order, # 3 Exhibit Proposed Order to Show Cause, # 4 Exhibit List of Exhibits, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Receipt, # 16 Envelope) (dmh) (Entered: 05/04/2026)
Main Document: ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)
May 01, 2026
Judge J. Nicholas Ranjan added. (dmh)
#2
May 05, 2026
Case Management Order
Main Document: Case Management Order
#3
May 06, 2026
NOTICE of Appearance by Donovan Cocas on behalf of FIELD OFFICE DIRECTOR, TODD M. LYONS, KRISTI NOEM, WARDEN. (Cocas, Donovan) Modified text on 5/6/2026. See errata at 4 (elt) (Entered: 05/06/2026)
Main Document: NOTICE
#4
May 06, 2026
Errata re Clerk's Request for Corrective Action, by FIELD OFFICE DIRECTOR, TODD M. LYONS, KRISTI NOEM, WARDEN. Reason for Correction: Case Number:3:26-cv-00796-NR. (Cocas, Donovan) (Entered: 05/06/2026)
Main Document: Errata
May 06, 2026
CLERK'S REQUEST FOR CORRECTIVE ACTION re 3 Notice of Appearance. ERROR: Caption and/or case number of document does not match case. CORRECTION: Filer is directed to file the document with a corrected caption and/or case number using the Errata event. (elt)
#5
May 29, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by FIELD OFFICE DIRECTOR, TODD M. LYONS, KRISTI NOEM. (Cocas, Donovan) (Entered: 05/29/2026)
Main Document: RESPONSE
#6
Jun 01, 2026
Order
Main Document: Order
#7
Jun 03, 2026
Second RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by FIELD OFFICE DIRECTOR, TODD M. LYONS, KRISTI NOEM. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17) (Cocas, Donovan) (Entered: 06/03/2026)
Main Document: Second
#8
Jun 04, 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 6/4/2026. 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: 06/04/2026)
#9
Jun 04, 2026
FINAL JUDGMENT, entered consistent with the above order (ECF 8). Signed by Judge J. Nicholas Ranjan on 6/4/2026. 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: 06/04/2026)
Jun 04, 2026
Judgment (Rule 58)
Jun 04, 2026
Order
#11
Jul 24, 2026
Miscellaneous Relief (Use ONLY if no other relief applies)
Main Document: Miscellaneous Relief (Use ONLY if no other relief applies)
Jul 27, 2026
Order on Motion for Miscellaneous Relief
#14
Aug 07, 2026
STATUS REPORT by MAILAINE ARIANNA PEREZ-GARCIA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Envelope) (ljs) (Entered: 08/07/2026)
Main Document: STATUS
#15
Aug 10, 2026
ORDER. The court construes Petitioner's recent 14 status report as a motion to enforce the Court's order granting a bond hearing (ECF 8). However, the Court is unable to make a finding as to the fairness of Petitioner's 6/16/2026 bond hearing without first reviewing the transcript of that proceeding. As Petitioner is proceeding pro se, the Court finds that it is in the interest of time and judicial economy that Respondents obtain the transcript of Petitioner's 6/16/2026 bond hearing, which Respondents shall file on or before 8/31/2026. Signed by Judge J. Nicholas Ranjan on 8/10/2026. 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: 08/10/2026)
Aug 10, 2026
Order
#16
Aug 24, 2026
RESPONSE to 15 Order,,,, filed by FIELD OFFICE DIRECTOR, TODD M. LYONS, KRISTI NOEM. (Attachments: # 1 Exhibit) (Cocas, Donovan) (Entered: 08/24/2026)
Main Document: RESPONSE
#17
Aug 25, 2026
ORDER. The court construes Petitioner's recent 14 status report as a motion to enforce the Court's order granting a bond hearing (ECF 8) and hereby DENIES the motion. After reviewing the transcript from Petitioner's bond hearing held on April 14, 2026, the Court finds that the hearing was fundamentally fair. The requirements of a fundamentally fair hearing are that Petitioner: "(1) is entitled to factfinding based on a record produced before the decisionmaker and disclosed to him or her; (2) must be allowed to make arguments on his or her own behalf; and (3) has the right to an individualized determination of his [or her] interests." Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022) (quoting Kamara v. Att'y Gen. of U.S., 420 F.3d 202, 211 (3d Cir. 2005)). The Court finds that these requirements were met, and can otherwise discern no other flaws in the fairness of the hearing that rise to the level of a constitutional violation. Signed by Judge J. Nicholas Ranjan on 8/25/2026. 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: 08/25/2026)
Aug 25, 2026
Order