Western District of Pennsylvania • 3:26-cv-01072

#1

Jun 09, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number BPAWDC-9639123), filed by MEHMET RESAT SAHIN. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Order, # 3 Exhibit) (Sobel, Jonathan) (Entered: 06/09/2026)

#2

Jun 09, 2026

BRIEF in Support of 1 Petition for Writ of Habeas Corpus, filed by MEHMET RESAT SAHIN. (Sobel, Jonathan) Document removed from public view and refiled at Errata 5 . Modified text on 6/10/2026. (rjr) (Entered: 06/09/2026)

#3

Jun 09, 2026

MOTION for attorney Jonathan J. Sobel, Esquire to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9639431) by MEHMET RESAT SAHIN. (Attachments: # 1 Proposed Order, # 2 Affidavit, # 3 Exhibit) (Sobel, Jonathan) (Entered: 06/09/2026)

#4

Jun 09, 2026

CERTIFICATE of Compliance re 1 Petition for Writ of Habeas Corpus, by Jonathan J. Sobel on behalf of MEHMET RESAT SAHIN (Sobel, Jonathan) (Entered: 06/09/2026)

#5

Jun 09, 2026

Errata re 2 Brief in Support - Other by MEHMET RESAT SAHIN. Reason for Correction: To include proper docket number. (Sobel, Jonathan) (Entered: 06/09/2026)

Jun 09, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 2 Brief in Support - Other. ERROR: Case number of document does not match case. CORRECTION: Filer is directed to file the document with a corrected case number using the Errata event. (rjr)

Jun 09, 2026

Judge Christy Criswell Wiegand added. (rjr)

#6

Jun 10, 2026

ORDER granting 3 Motion for Jonathan J. Sobe to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 6/10/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 06/10/2026)

#7

Jun 10, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 6/10/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 06/10/2026)

#8

Jun 10, 2026

NOTICE of Appearance by David Lew on behalf of TODD BLANCHE, BRIAN MCSHANE, MARKWAYNE MULLIN, LEONARD ODDO, U.S. DEPARTMENT OF HOMELAND SECURITY, DAVID VENTURELLA. (Lew, David) (Entered: 06/10/2026)

Jun 10, 2026

Order on Motion to Appear Pro Hac Vice

#9

Jun 11, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 6/16/2026; Reply due 6/22/2026. Signed by Judge Christy Criswell Wiegand on 6/11/2026. 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: 06/11/2026)

Jun 11, 2026

Order

#10

Jun 16, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by TODD BLANCHE, BRIAN MCSHANE, MARKWAYNE MULLIN, LEONARD ODDO, U.S. DEPARTMENT OF HOMELAND SECURITY, DAVID VENTURELLA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Lew, David) (Entered: 06/16/2026)

#11

Jun 18, 2026

ORDER DENYING 1 Petition for Habeas Corpus. Petitioner, a native and citizen of Turkey, is currently detained at Moshannon Valley Correctional Center. ECF No. 1 at 1. He is subject to an administratively final order of removal pursuant to 8 U.S.C.§ 1227(a)(2)(B)(i) dated February 25, 2026. ECF No. 10 at 6. Petitioner avers that he has been detained for approximately two years. ECF No. 1 at 1. Petitioner asserts that the extended length of his detention pending his removal violates his rights under the Due Process Clause of the Fifth Amendment of the United States Constitution. Id. at 8-9. He requests immediate release from detention or, in the alternative, a bond hearing at which the government bears the burden of demonstrating that Petitioner's continued detention pending his removal is necessary. Id. at 1-2. When a noncitizen is ordered removed, a 90-day "removal period" is triggered, during which, pursuant to 8 U.S.C. § 1231(a)(2), "the Attorney General shall detain the alien. Under no circumstance during the removal period shall the Attorney General release an alien who has been found inadmissible... or deportable[.]" See Inestroza-Tosta v. Attorney General, 105 F.4th 499, 513 (3d Cir. 2024) ("Section 1231 prescribes detention for aliens during their 'removal period,' § 1231(a)(2), which begins once 'the order of removal becomes administratively final.'"), abrogated on other grounds by Riley v. Bondi, 606 U.S. 259 (2025). After the removal period expires, § 1231(a)(6) authorizes continued detention. Section 1231(a)(6) does not include a temporal limitation on the government's ability to detain aliens prior to removal, but in Zadvydas v. Davis, 533 U.S. 678, 701 (2001), the Supreme Court held that the Immigration and Nationality Act's post-removal-period detention provision contains an implicit reasonableness limitation of six months, after which a noncitizen may not continue to be detained if "there is no significant likelihood of removal in the reasonably foreseeable future." As relevant here, the six-month period runs from the date the removal order becomes administratively final. Id. Under Zadvydas, once the six-month period expires, a noncitizen seeking relief must first present the Court with "good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future[.]" Alexander v. Att'y Gen., 495 F. App'x 274, 276 (3d Cir. 2012) (quoting Zadvydas, 533 U.S. at 701). Here, an Immigration Judge entered an order of removal against Petitioner on February 25, 2026. ECF No. 1-3 at 7-10. Petitioner waived his right to appeal the order, and DHS reserved its right to appeal but did not appeal by the deadline of March 25, 2026. Id. at 10. Accordingly, the removal order became administratively final on March 25, 2026. See 8 C.F.R. § 1003.39 ("Except when certified to the Board, the decision of the Immigration Judge becomes final upon waiver of appeal or upon expiration of the time to appeal if no appeal is taken whichever occurs first."). Because Petitioner remains within the 90-day removal period, his detention is mandatory under § 1231(a)(2). His detention also remains within the six-month period recognized as presumptively reasonable under Zadvydas. Petitioner therefore has not shown that his continued detention violates § 1231 or Zadvydas. Signed by Judge Christy Criswell Wiegand on 6/18/2026. 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: 06/18/2026)

#12

Jun 18, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No. 11). Signed by Judge Christy Criswell Wiegand on 6/18/2026. 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: 06/18/2026)

Jun 18, 2026

Order Dismissing Case

Jun 18, 2026

Order