Western District of Pennsylvania • 3:26-cv-01051

#1

Jun 05, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number BPAWDC-9631829), filed by Arnoldo Antonio Arauz. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (Jackson, Nneka) (Entered: 06/05/2026)

#2

Jun 08, 2026

Case Management Order

Jun 08, 2026

Judge Arthur J. Schwab added. (keh)

#3

Jun 09, 2026

CERTIFICATE of Compliance re 2 Case Management Order by Nneka Jackson on behalf of Arnoldo Antonio Arauz (Jackson, Nneka) (Entered: 06/09/2026)

#4

Jun 11, 2026

NOTICE of Appearance by Samantha Stewart on behalf of TODD BLANCHE, TODD M. LYONS, MARKWAYNE MULLIN, US DEPARTMENT OF HOMELAND SECURITY, WARDEN OF MOSHANNON VALLEY PROCESSING CENTER. (Stewart, Samantha) (Entered: 06/11/2026)

#5

Jun 16, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by TODD BLANCHE, TODD M. LYONS, MARKWAYNE MULLIN, US DEPARTMENT OF HOMELAND SECURITY, WARDEN OF MOSHANNON VALLEY PROCESSING CENTER. (Attachments: # 1 Exhibit 1) (Stewart, Samantha) (Entered: 06/16/2026)

#6

Jun 22, 2026

REPLY to 5 Response to Petition for Writ of Habeas Corpus filed by Arnoldo Antonio Arauz. (Jackson, Nneka) (Entered: 06/22/2026)

#7

Jun 23, 2026

ORDER granting in part and denying in part the 1 PETITION FOR WRIT OF HABEAS CORPUS filed by PETITIONER Arnoldo Antonio Arauz. Petitioner is a native and citizen of Nicaragua who entered the United States (U.S.) without inspection on or about October 12, 2021. Petitioner was apprehended by law enforcement on October 12, 2021, and paroled into the U.S. by Department of Homeland Security (DHS) on November 21, 2021. Petitioner was detained by the U.S. Immigration and Customs Enforcement (ICE) on June 2, 2026, in Erie, Pennsylvania. 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). For the reasons stated in Rivera Juarez v. Oddo et al., 3:26-cv-718 (W.D. Pa) (Schwab, J.) (Doc. 10), the Court finds that Petitioners 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, the 1 habeas petition is DENIED, including as to Petitioner's request for reasonable attorney's fees and costs. As to Petitioner's request for fees and costs, 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)

#8

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. 7. 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