Western District of Pennsylvania • 3:26-cv-00879

#1

May 12, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number 2000019324), filed by BINBIN XU. (Attachments: # 1 Receipt, # 2 Civil Cover Sheet, # 3 Envelope) (jd) (Entered: 05/13/2026)

#3

May 12, 2026

MOTION for Temporary Restraining Order by BINBIN XU. (elt) (Entered: 05/14/2026)

May 12, 2026

Judge Christy Criswell Wiegand added. (jd)

#2

May 14, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 5/14/2026. (drc) (Entered: 05/14/2026)

#4

May 14, 2026

ORDER DENYING 3 Motion for Temporary Restraining Order. In the 3 Motion, Petitioner seeks, inter alia, immediate release from detention. Given that Petitioner is requesting affirmative relief rather than maintenance of the status quo, Petitioner's request goes beyond the limited, temporary nature of a TRO and requires giving Respondents notice and an opportunity to be heard. See Hope v. Warden York County Prison, 956 F.3d 156, 162 (3d Cir. 2020). Accordingly, IT IS HEREBY ORDERED that the 3 Motion for a Temporary Restraining Order is DENIED. Signed by Judge Christy Criswell Wiegand on 5/14/2026. 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: 05/14/2026)

May 14, 2026

Order on Motion for TRO

#5

May 15, 2026

NOTICE of Appearance by Carl J Spindler on behalf of TODD LYONS, BRIAN MCSHANE, MARKWAYNE MULLIN, WARDEN OF MOSHANNON VALLEY ICE PROCESS. (Spindler, Carl) (Entered: 05/15/2026)

#6

May 18, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 5/21/2026; Reply due 6/1/2026. Signed by Judge Christy Criswell Wiegand on 5/18/2026. 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: 05/18/2026)

May 18, 2026

Order

#7

May 20, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by TODD LYONS, BRIAN MCSHANE, MARKWAYNE MULLIN, WARDEN OF MOSHANNON VALLEY ICE PROCESS. (Spindler, Carl) (Entered: 05/20/2026)

#8

May 21, 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"); Lopez-Campos v. Raycraft, Nos. 25-1965/1969/2978/1982, slip op. at 8 (6th Cir. May 11, 2026) (holding non-citizens arrested in the interior of the country are subject to discretionary detention); Hernandez Alvarez v. Warden, Fed. Det. Ctr. Miami, No. 25-14065, 2026 WL 1243395, at *1 (11th Cir. May 6, 2026) (same); 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 Courts of Appeals for the Second, Sixth, and Eleventh Circuits. 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. The Clerk of Court is directed to mark this case CLOSED. Signed by Judge Christy Criswell Wiegand on 5/21/2026. 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: 05/21/2026)

#9

May 21, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No. 8). Signed by Judge Christy Criswell Wiegand on 5/21/2026. 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: 05/21/2026)

May 21, 2026

Order Dismissing Case

May 21, 2026

Order