Western District of Pennsylvania • 3:26-cv-01034

#1

Jun 03, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9623695), filed by EDWIN EDUARDO VASQUEZ CORDOVA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A) (Tomczak, Kimberly) (Entered: 06/03/2026)

#2

Jun 03, 2026

CERTIFICATE OF SERVICE by EDWIN EDUARDO VASQUEZ CORDOVA re 1 Petition for Writ of Habeas Corpus, (Tomczak, Kimberly) (Entered: 06/03/2026)

#3

Jun 03, 2026

CASE MANAGEMENT ORDER. Petitioner's counsel shall serve Respondents with a copy of this Order and the Petition via e-mail, as specified, and file a notice of compliance. Respondents' counsel shall file a notice of appearance within 3 days of the filing of Petitioner's Certificate of Compliance of Service. Respondents shall file any responses or answers to the petition within 7 days of the date of service. Petitioner's reply is due within 5 days of Respondents' response. Signed by Judge Arthur J. Schwab on 6/3/2026. (lar) (Entered: 06/03/2026)

Jun 03, 2026

Judge Arthur J. Schwab added. (kss)

#4

Jun 04, 2026

NOTICE of Appearance by William Guappone on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LEONARD ODDO, JOHN E. RIFE, DAVID J. VENTURELLA. (Guappone, William) (Entered: 06/04/2026)

#5

Jun 08, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by TODD BLANCHE, MARKWAYNE MULLIN, LEONARD ODDO, JOHN E. RIFE, DAVID J. VENTURELLA. (Guappone, William) (Entered: 06/08/2026)

#6

Jun 23, 2026

ORDER granting in part and denying in part the 1 VERIFIED PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 filed by PETITIONER EDWIN EDUARDO VASQUEZ CORDOVA. Petitioner is a native and citizen of El Salvador who entered the United States (U.S.) without inspection in 2010. Petitioner was detained by U.S. Immigration and Customs Enforcement (ICE) on June 2, 2026, in the interior of the U.S. Removal proceedings against Petitioner are pending and not final. The issue before the Court is whether Petitioner is subject to discretionary detention pursuant to 8 U.S.C. § 1226(a) or mandatory detention under 8 U.S.C. § 1225(b)(2). For the reasons stated in Rivera Juarez v. Oddo et al., 3:26-cv-718, Doc. 10 (W.D. Pa. Apr. 30, 2026) (Schwab, J.), the Court finds that Petitioner's detention is governed by 8 U.S.C. § 1226(a), and therefore, Petitioner is entitled to a bond hearing before an immigration judge. See also Hernandez Alvarez v. Warden, Fed. Detention Ctr. Miami, 175 F.4th 1258 (11th Cir. 2026); Castanon-Nava v. U.S. Dept. of Homeland Sec., 175 F.4th 828 (7th Cir. 2026); Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026). Accordingly, the Court GRANTS the 1 PETITION FOR WRIT OF HABEAS CORPUS filed by PETITIONER, and 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); and (3) Petitioner shall be responsible for securing the necessary transcripts and record of the bond hearing. 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). Otherwise, Petitioners 1 habeas petition is DENIED, including as to Petitioners requests that this Court: (1) enjoin Respondents from transferring Petitioner outside of the jurisdiction of this Court; and (2) award attorney's fees and costs. This Court lacks jurisdiction to enjoin Respondents from transferring Petitioner. See Dias Souza v. Warden, Moshannon Valley ICE Processing Center et al., 3:26-cv-824, Doc. 7 at 3-4 (W.D. Pa. May 11, 2026) (Schwab, J.). Further, the Court finds that Respondents' position was substantially justified in this case, so no costs or fees shall be awarded pursuant to EAJA. Signed by Judge Arthur J. Schwab on 6-23-26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm) (Entered: 06/23/2026)

#7

Jun 23, 2026

JUDGMENT pursuant to Rule 58 entered in favor of Petitioner and against Respondents only as specified in the Order issued this day at Doc. 6. The Clerk of Court is directed to mark this case administratively CLOSED Signed by Judge Arthur J. Schwab on 6-23-26. (bfm) (Entered: 06/23/2026)

Jun 23, 2026

Order