Western District of Pennsylvania • 3:26-cv-00811

#1

May 04, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9549229), filed by J. A. P.C. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration of Grace Carney Brown, # 3 Exhibit A (I-94 Parole), # 4 Exhibit B (PA Court Disposition), # 5 Exhibit C (Notice to Appear), # 6 Exhibit D (IJ Order Granting Pretermission)) (Williams, Elyssa) (Entered: 05/04/2026)

#2

May 04, 2026

MOTION for Leave to File Using Initials and to Redact Alien Number by J. A. P.C. (Attachments: # 1 Proposed Order) (Williams, Elyssa) (Entered: 05/04/2026)

#3

May 04, 2026

BRIEF in Support re 2 Motion for Leave to File to Proceed Under Initials and to Redact Alien Number, Date of Birth, and Other Identifying Information filed by J. A. P.C. (Williams, Elyssa) (Entered: 05/04/2026)

#4

May 04, 2026

MOTION for attorney Hailey L. Cherepon to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9550007) by J. A. P.C. (Attachments: # 1 Proposed Order) (Cherepon, Hailey) (Entered: 05/04/2026)

May 04, 2026

CLERK'S NOTICE OF CORRECTION re 4 MOTION for attorney Hailey L. Cherepon to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9550007). ERRORS: Attorney signature does not comply with requirements (missing bar ID number). Affidavit/Exhibits were filed as part of the main document. CORRECTION FOR FUTURE FILINGS: Attorney directed to comply with all requirements of LCvR 5.2(B) in all 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. (keh)

May 04, 2026

Judge Christy Criswell Wiegand added. (keh)

#5

May 05, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 5/5/2026. (bjw) (Entered: 05/05/2026)

#6

May 05, 2026

ORDER GRANTING 2 Motion for Leave to File Using Initials and to Redact Alien Number Proceed. Petitioner requests to proceed under the pseudonym "J.A.P.C." and to redact certain identifying information including Petitioner's Alien Registration Number. Because Petitioner has made a persuasive showing pursuant to the factors set forth in Doe v. Megless, 654 F.3d 404, 408-09 (3d Cir. 2011), IT IS HEREBY ORDERED THAT the 2 Motion is GRANTED provisionally. Signed by Judge Christy Criswell Wiegand on 5/5/2026. 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: 05/05/2026)

#7

May 05, 2026

ORDER granting 4 Motion for Hailey L. Cherepon to Appear Pro Hac Vice.. Signed by Judge Christy Criswell Wiegand on 5/05/2026. 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: 05/05/2026)

#8

May 05, 2026

MOTION for attorney Doris D. Short to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9553119) by J. A. P.C. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Short, Doris) Documents restricted for PII. Modified text on 5/7/2026. (keh) (Entered: 05/05/2026)

May 05, 2026

Order on Motion for Leave to File

May 05, 2026

Order on Motion to Appear Pro Hac Vice

#9

May 06, 2026

NOTICE of Appearance by Nicole A. Stockey on behalf of TODD BLANCHE, TODD LYONS, DAREN K. MARGOLIN, MARKWAYNE MULLIN, LEONARD ODDO, MICHAEL ROSE, Teresa L. Riley. (Stockey, Nicole) Document restricted for PII. Modified text on 5/7/2026. (Entered: 05/06/2026)

#10

May 06, 2026

ORDER granting 8 Motion for Doris D. Short to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 5/06/2026. 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: 05/06/2026)

#11

May 06, 2026

DEFICIENCY ORDER. On 5/5/2026, the Court issued a 5 case management order directing Petitioner's counsel to serve respondents with a copy of the 1 Petition and the 5 case management order via email. The 5 order further directed Petitioner's counsel to file a certificate of compliance upon completion of service certifying the date and time of service. To date, no certificate of compliance pursuant to the 5 case management order has been filed. As a result, Petitioner has not met the prerequisites for the Court to adjudicate the 1 Petition. For example, the Court is unable to calculate Respondents' deadline to respond to the 1 Petition. Accordingly, Petitioner shall file a certificate of compliance on or before 5/7/2026. If Petitioner does not file the required certificate of compliance by the Court's deadline, the Court will administratively close the case. Signed by Judge Christy Criswell Wiegand on 5/6/2026. 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: 05/06/2026)

#12

May 06, 2026

CERTIFICATE of Compliance of Service re 5 Case Management Order, 11 Deficiency Order by Elyssa Williams on behalf of J. A. P.C. (Attachments: # 1 Exhibit A (Email Service)) (Williams, Elyssa) Modified text to add links on 5/7/2026. (keh) (Entered: 05/06/2026)

May 06, 2026

Order

May 06, 2026

Order on Motion to Appear Pro Hac Vice

#13

May 07, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 5/12/2026; Reply due 5/18/2026. Signed by Judge Christy Criswell Wiegand on 5/7/2026. 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: 05/07/2026)

May 07, 2026

Order

#14

May 11, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus filed by TODD BLANCHE, TODD LYONS, DAREN K. MARGOLIN, MARKWAYNE MULLIN, LEONARD ODDO, MICHAEL ROSE, Teresa L. Riley, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATIONS AND CUSTOMS ENFORCEMENT. (Stockey, Nicole) (Entered: 05/11/2026)

#15

May 12, 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 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. 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 5/12/2026. 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: 05/12/2026)

#16

May 12, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No.15). Signed by Judge Christy Criswell Wiegand on 5/12/2026. 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: 05/12/2026)

May 12, 2026

Order

May 12, 2026

Order Dismissing Case

#17

May 18, 2026

MOTION for Clarification re 15 Order by J. A. P.C. (Attachments: # 1 Exhibit A (Declaration G. Carney Brown), # 2 Proposed Order) (Williams, Elyssa) Modified text to add link on 5/19/2026. (keh) (Entered: 05/18/2026)

#18

May 19, 2026

ORDER DENYING 17 Motion for Clarification filed by Petitioner. In the 17 Motion, Petitioner seeks clarification of the Court's 5/12/2026 15 Order. IT IS HEREBY ORDERED that the 17 Motion is DENIED. Signed by Judge Christy Criswell Wiegand on 5/19/2026. 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: 05/19/2026)

May 19, 2026

Order on Motion for Clarification

#19

May 20, 2026

STATUS REPORT JOINT by TODD BLANCHE, TODD LYONS, DAREN K. MARGOLIN, MARKWAYNE MULLIN, LEONARD ODDO, MICHAEL ROSE, Teresa L. Riley, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATIONS AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit) (Stockey, Nicole) (Entered: 05/20/2026)

#20

Aug 14, 2026

MOTION for Leave to File Excess Pages in Memorandum of Law in Support of Motion to Enforce by J. A. P.C.. (Attachments: # 1 Proposed Order) (Williams, Elyssa) (Entered: 08/14/2026)

#21

Aug 14, 2026

MOTION to Enforce May 12, 2026 Opinion and Order by J. A. P.C.. (Attachments: # 1 Proposed Order) (Williams, Elyssa) (Entered: 08/14/2026)

#22

Aug 14, 2026

BRIEF in Support re 21 Motion to Enforce filed by J. A. P.C.. (Attachments: # 1 Exhibit A (Decl. Grace Carney Brown), # 2 Exhibit B (Transcript May 14, 2026 Bond Hearing), # 3 Exhibit C (Transcript of May 19, 2026 Bond Hearing), # 4 Exhibit D (J.A.P.C. Bond Evidence), # 5 Exhibit E (D.H.S. Bond Evidence), # 6 Exhibit F (J.A.P.C. Bond Evidence - medical records forthcoming under seal), # 7 Exhibit G (Unpublished decision)) (Williams, Elyssa) (Entered: 08/14/2026)

#23

Aug 14, 2026

MOTION for Leave to File Documents Under Seal Dkt. No. 22-6 (JAPC Bond Evidence - medical records) by J. A. P.C.. (Attachments: # 1 Proposed Order) (Williams, Elyssa) (Entered: 08/14/2026)

#24

Aug 14, 2026

Order GRANTING 20 Unopposed MOTION for Leave to File Excess Pages by J. A. P.C. IT IS HEREBY ORDERED THAT Petitioner may file a brief in support of Petitioner's 21 Motion to Enforce of no more than twenty-seven pages. The Court notes that Petitioner filed a brief in excess of twenty pages before obtaining leave of Court to do so, as required by this Court's Policies and Procedures. See ECF No. 22. Although the Court will, as a courtesy, accept the brief as filed on this occasion, counsel is advised that going forward, leave of Court must be obtained before such a filing is made. Signed by Judge Christy Criswell Wiegand on 8/14/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mkn) (Entered: 08/14/2026)

#25

Aug 14, 2026

ORDER. IT IS HEREBY ORDERED that Respondents shall respond to Petitioner's 21 Motion to Enforce by 8/28/2026. Signed by Judge Christy Criswell Wiegand on 8/14/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mkn) (Entered: 08/14/2026)

#26

Aug 14, 2026

ORDER GRANTING 23 Motion for Leave to File Exhibits Under Seal filed by Petitioner. According to the United States Court of Appeals for the Third Circuit, "the common law presumes that the public has a right of access to judicial materials." In re Avandia, 924 F.3d 662, 672 (3d Cir. 2019). To overcome this presumptive right of access to judicial materials, "[t]he party seeking to overcome the presumption of access bears the burden of showing 'that the interest in secrecy outweighs the presumption.'" Id. (quoting Bank of Am. Nat'l Trust & Sav. Ass'n v. Hotel Rittenhouse Assocs., 800 F.2d 339, 344 (3d Cir. 1986)). That is, "[t]he movant must show 'that the material is the kind of information that courts will protect and that disclosure will work a clearly defined and serious injury to the party seeking closure.'" Id. (quoting Miller v. Ind. Hosp., 16 F.3d 549, 551 (3d Cir. 1994)). And, "[b]road allegations of harm, bereft of specific examples or articulated reasoning, are insufficient" to meet this burden. Id. at 673 (quoting In re Cendant Corp., 260 F.3d 183, 194 (3d Cir. 2001)). Here, Petitioner requests to file exhibits under seal which contains medical records. ECF No. 23 at 1. Petitioner avers that these exhibit should be sealed because public filing of the exhibits would reveal the sensitive, non-public information they contain. Id. The Court finds that Petitioner has sufficiently demonstrated that sealing such sensitive information is warranted. Accordingly, IT IS HEREBY ORDERED that the 23 Motion is hereby GRANTED and Petitioner may file the exhibits described under seal. IT IS FURTHER ORDERED that Petitioner is not required to file a redacted version of the document on the docket. Signed by Judge Christy Criswell Wiegand on 8/14/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mkn) (Entered: 08/14/2026)

Aug 14, 2026

Order on Motion for Leave to File Excess Pages

Aug 14, 2026

Order

Aug 14, 2026

Order on Motion for Leave to File Documents Under Seal