Western District of Pennsylvania • 3:26-cv-00813

Gutierrez-Villa v. ODDO

Completed

Case Information

Filed: May 04, 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: May 15, 2026
Last Activity: May 15, 2026
Parties: View All Parties →

Docket Entries

#1
May 04, 2026
First PETITION for Writ of Habeas Corpus on behalf of alien detainee (Filing fee, including Administrative fee, $5, receipt number APAWDC-9549483), filed by Viviano Gutierrez-Villa. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 - ICE Detainee Locator, # 3 Exhibit 2 - Court Hearing Info, # 4 Exhibit 3 - DUI/ARD docket, # 5 Exhibit 4 - Payment docket, # 6 Exhibit 5 - ARD Completion) (Thomas, Andrew) (Entered: 05/04/2026)
Main Document: ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)
May 05, 2026
Judge J. Nicholas Ranjan added. (ljs)
#2
May 06, 2026
Case Management Order
Main Document: Case Management Order
#3
May 06, 2026
STANDING ZADVYDAS ORDER. In alien habeas cases, petitioners often challenge their detention as being unconstitutionally prolonged, either at the outset or later during the pendency of their cases. See Zadvydas v. Davis, 533 U.S. 678 (2001) ("The serious constitutional problem arising out of a statute that, in these circumstances, permits an indefinite, perhaps permanent, deprivation of human liberty without any such protection is obvious.") In order to monitor and assess the validity of any such potential claim, Respondents shall file a status report updating the Court on Petitioner's detention status six months from today. No such report need be filed if Petitioner has been released prior to that date. Signed by Judge J. Nicholas Ranjan 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. (pak) (Entered: 05/06/2026)
May 06, 2026
Order
#4
May 07, 2026
CERTIFICATE of Compliance re 2 CASE MANAGEMENT ORDER by Andrew Chess Thomas on behalf of Viviano Gutierrez-Villa (Thomas, Andrew) Modified text on 5/8/2026 to add linkage. (rjr) (Entered: 05/07/2026)
Main Document: CERTIFICATE
#5
May 08, 2026
NOTICE of Appearance by Douglas C. Maloney on behalf of PAM BONDI, TODD LYONS, BRIAN MCSHANE, MARKWAYNE MULLIN, LEONARD ODDO. (Maloney, Douglas) (Entered: 05/08/2026)
Main Document: NOTICE
#6
May 08, 2026
NOTICE of Appearance by Craig W. Haller on behalf of PAM BONDI, TODD LYONS, BRIAN MCSHANE, MARKWAYNE MULLIN, LEONARD ODDO. (Haller, Craig) (Entered: 05/08/2026)
Main Document: NOTICE
#7
May 08, 2026
NOTICE of Substitution of Attorney Appearance by Douglas C. Maloney on behalf of PAM BONDI, TODD LYONS, BRIAN MCSHANE, MARKWAYNE MULLIN, LEONARD ODDO. Attorney Craig W. Haller terminated. (Maloney, Douglas) (Entered: 05/08/2026)
Main Document: NOTICE
May 08, 2026
CLERK'S NOTICE OF CORRECTION re 4 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
RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by PAM BONDI, TODD LYONS, BRIAN MCSHANE, MARKWAYNE MULLIN, LEONARD ODDO. (Maloney, Douglas) (Entered: 05/14/2026)
Main Document: RESPONSE
#9
May 15, 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 5/15/2026. 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: 05/15/2026)
#10
May 15, 2026
FINAL JUDGMENT, entered consistent with the above order (ECF 9). Signed by Judge J. Nicholas Ranjan on 5/15/2026. 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: 05/15/2026)
May 15, 2026
Judgment (Rule 58)
May 15, 2026
Order