Western District of Pennsylvania • 3:26-cv-00977

#1

May 26, 2026

MOTION for Leave to Proceed in forma pauperis by JUAN MARTINEZ LUA. (Attachments: # 1 Declaration, # 2 Habeas Petition lodged pending disposition of IFP Motion, # 3 Envelope) (ljs) (Entered: 05/26/2026)

May 26, 2026

Judge J. Nicholas Ranjan added. (ljs)

#2

May 28, 2026

Case Management Order

#3

May 28, 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 5/28/2026. 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: 05/28/2026)

May 28, 2026

Order

#4

May 29, 2026

ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)

#5

Jun 01, 2026

NOTICE of Appearance by Michael Leo Ivory on behalf of ATTORNEY GENERAL OF THE UNITED STATES, FIELD OFFICER DIRECTOR, ICE PHILADELPHIA FIELD OFFICER, U.S. DISTRICT'S COURT-WESTERN OF PENNSYLVANIA, WARDEN ON MOSHANNON VALLEY PROCESSING CENTER. (Ivory, Michael) (Entered: 06/01/2026)

#6

Jun 04, 2026

RESPONSE to 4 Petition for Writ of Habeas Corpus, filed by ATTORNEY GENERAL OF THE UNITED STATES, FIELD OFFICER DIRECTOR, ICE PHILADELPHIA FIELD OFFICER, U.S. DISTRICT'S COURT-WESTERN OF PENNSYLVANIA, WARDEN ON MOSHANNON VALLEY PROCESSING CENTER. (Attachments: # 1 Exhibit 1) (Ivory, Michael) (Entered: 06/04/2026)

#7

Jun 05, 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 6/5/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 06/05/2026)

#8

Jun 05, 2026

FINAL JUDGMENT, entered consistent with the above order (ECF 7). Signed by Judge J. Nicholas Ranjan on 6/5/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 06/05/2026)

Jun 05, 2026

Judgment (Rule 58)

Jun 05, 2026

Order