Western District of Pennsylvania • 3:26-cv-01013

#1

Jun 01, 2026

Remark: Habeas Petition lodged without Motion for In Forma Pauperis or payment of filing fee (Attachments: # 1 Envelope) (bjr) (Entered: 06/01/2026)

Jun 01, 2026

Judge William S. Stickman added. (bjr)

#2

Jun 03, 2026

Filing fee: $5, receipt number 300001076 (kss) (Entered: 06/03/2026)

#3

Jun 03, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number 300001076), filed by JAVIER JOSE MUNOZ-JIMENEZ. (kss) (Entered: 06/03/2026)

#4

Jun 05, 2026

CASE MANAGEMENT ORDER. Signed by Judge William S. Stickman on 06/05/26. (eca) (Entered: 06/05/2026)

Jun 05, 2026

Remark: 3 Petition for Writ of Habeas Corpus and 4 Case Management Order were emailed for service this day, 06/05/26. 4 Case Management Order will be mailed to Petitioner Monday, 06/08/26. (eca)

#5

Jun 08, 2026

NOTICE of Appearance by Hillary Weaver on behalf of PAMELA BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, BRIAN MCSHANE, MARKWAYNE MULLIN, U.S. DEPARTMENT OF HOMELAND SECURITY, WARDEN OF ERO MOSHANNON VALLEY PROCESSING CENTER. (Weaver, Hillary) (Entered: 06/08/2026)

#6

Jun 09, 2026

SCHEDULING ORDER. Response to 3 Petition for Writ of Habeas Corpus due by 6/16/2026. Signed by Judge William S. Stickman on 06/09/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) (Entered: 06/09/2026)

Jun 09, 2026

Order Response/Briefing Schedule

#7

Jun 15, 2026

RESPONSE to 3 Petition for Writ of Habeas Corpus, filed by PAMELA BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, BRIAN MCSHANE, MARKWAYNE MULLIN, U.S. DEPARTMENT OF HOMELAND SECURITY, WARDEN OF ERO MOSHANNON VALLEY PROCESSING CENTER. (Weaver, Hillary) (Entered: 06/15/2026)

#8

Jun 17, 2026

ORDER OF COURT. IT IS HEREBY ORDERED that the 1 Petition for Writ of Habeas Corpus is DISMISSED. This is Petitioner's second habeas petition before the Court. At Case No. 3:26-cv-00478, the Court afforded him habeas relief, and ordered that he receive an individualized bond hearing before a neutral immigration judge pursuant to 8 U.S.C. § 1226. (Case No. 3:26-cv-00478, ECF No. 6). That bond hearing occurred on April 9, 2026, and the immigration judge determined that Petitioner was a flight risk. (Id. at ECF No. 8-1). This determination is unreviewable under 8 U.S.C. § 1226(e). The Court does not have the authority to sit as an appellate court over the determination of the immigration judge and to question his substantive determination on bond. Nevertheless, on June 3, 2026, Petitioner filed the instant second habeas petition, which is nearly identical to his first habeas petition. In sum, both petitions challenge the legality of Petitioner's detention and seek his immediate release or, in the alternative, a bond hearing. As the Petitioner has already received habeas relief and an individualized bond hearing, the Court dismisses this action as an abuse of the writ. The Clerk of Court is directed to mark this CASE CLOSED. Signed by Judge William S. Stickman on 06/17/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rgm) (Entered: 06/17/2026)

Jun 17, 2026

Order AND ~Util - Terminate Civil Case

#9

Jul 15, 2026

MOTION for Reconsideration re 8 Order Terminate Civil Case by JAVIER JOSE MUNOZ-JIMENEZ. (Attachments: # 1 Envelope) (bjr) (Entered: 07/15/2026)

#10

Jul 23, 2026

ORDER OF COURT. IT IS HEREBY ORDERED that the 9 Motion for Reconsideration is GRANTED, and IT IS FURTHER ORDERED upon reconsideration that the 3 Petition for Writ of Habeas Corpus will remain DISMISSED. On 06/17/2026, this Court dismissed the Petition for Writ of Habeas Corpus as an abuse of the writ, and marked the case closed. The Court held that Petitioner had already received habeas relief and an individualized bond hearing at Case No. 3:26-cv-00478, and that he had not set forth any additional facts or argument warranting his immediate release or a second, individualized bond hearing. On 07/17/2026, Petitioner filed a 9 Motion for Reconsideration clarifying that he was granted asylum since his 04/09/2026 bond hearing. Motions for reconsideration are normally decided under Federal Rule 59(e), regarding motions to alter or amend a judgment, or 60(b) addressing motions for relief from a final judgment. Black Bear Energy Servs., Inc. v. Youngstown Pipe & Steel, LLC, Civil Action No. 15-50, 2021 WL 4751746, at *3 (W.D. Pa. Oct. 12, 2021) (quoting In re Nat'l Forge Co., 326 B.R. 532, 541 (W.D. Pa. 2005)). Such a motion is not a device to relitigate a matter, it is a remedy to be used in limited circumstances "to correct manifest errors of law or fact." Max's Seafood Cafe ex rel. Lou-Ann, Inc. v. Quinteros, 176 F.3d 669, 677 (3d Cir. 1999) (citing Harsco Corp. v. Zlotnicki, 779 F.2d 906, 909 (3d Cir. 1985)). The Court finds reconsideration is appropriate because Petitioner has set forth an additional fact or argument; his 04/10/2026 grant of asylum. However, upon the Court's reconsideration, the habeas petition will remain dismissed without prejudice. Petitioner has already had a bond hearing before an immigration judge. Regulations provide that Petitioner may seek a bond redetermination from the immigration judge, see 8 C.F.R. § 1003.19(e) ("After an initial bond redetermination, an alien's request for a subsequent bond redetermination shall be made in writing and shall be considered only upon a showing that the alien's circumstances have change materially since the prior bond redetermination."), after which the an alien may appeal the immigration judge's bond decision to the Board of Immigration Appeals. 8 C.F.R. § 236.1(d)(3). Whether or not Petitioner has established that there is any substantial reason to hold another bond hearing, the proper procedure would be for him to seek a redetermination from the immigration judge. Nothing in the record suggests that Petitioner sought or was prevented from seeking a bond redetermination under 8 C.F.R. § 1003.19(e). A copy of this Order sent by first-class mail to Petitioner at his address of record this day. Signed by Judge William S. Stickman on 07/23/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rgm) (Entered: 07/23/2026)

Jul 23, 2026

Order on Motion for Reconsideration