Western District of Pennsylvania • 3:25-cv-00442

#1

Nov 25, 2025

PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-9216133), filed by Carlos Javier Ramirez-Espinal. (Attachments: # 1 Civil Cover Sheet) (He, Yue) (Entered: 11/25/2025)

#2

Nov 25, 2025

MOTION for attorney Yue He to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9216150) by Carlos Javier Ramirez-Espinal. (Attachments: # 1 Affidavit, # 2 Proposed Order) (He, Yue) (Entered: 11/25/2025)

Nov 25, 2025

Magistrate Judge Christopher B. Brown added. (rjr)

#3

Nov 26, 2025

TEXT ORDER granting 2 MOTION for attorney Yue He to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9216150) by Carlos Javier Ramirez-Espinal. IT IS HEREBY ORDERED that said motion is GRANTED and Attorney Yue He may appear and participate in this matter pro hac vice on behalf of Petitioner. Signed by Magistrate Judge Christopher B. Brown on 11/26/2025. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc) (Entered: 11/26/2025)

Nov 26, 2025

Order on Motion to Appear Pro Hac Vice

#4

Dec 01, 2025

Order

#5

Dec 19, 2025

NOTICE of Appearance by Matthew McHale on behalf of PAMELA BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO, U.S. DEPARTMENT OF HOMELAND SECURITY. (McHale, Matthew) (Entered: 12/19/2025)

#6

Dec 19, 2025

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by PAMELA BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO, U.S. DEPARTMENT OF HOMELAND SECURITY. (McHale, Matthew) (Entered: 12/19/2025)

#7

Dec 19, 2025

Extension of Time to File Response/Reply

#8

Dec 22, 2025

TEXT ORDER granting 7 MOTION for Extension of Time to File Response/Reply as to 1 Petition for Writ of Habeas Corpus by PAMELA BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO, U.S. DEPARTMENT OF HOMELAND SECURITY. IT IS HEREBY ORDERED that due to the delay with service along with the holiday Government closures, said motion is GRANTED and the deadline for Respondents to respond to the petition is extended to 1/2/2026. Signed by Magistrate Judge Christopher B. Brown on 12/22/2025. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc) (Entered: 12/22/2025)

#9

Dec 22, 2025

TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 1/2/2026, the Petitioner shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on the court's website. The Court notes Respondents have previously submitted this form and therefore no action related to this Order is required of Respondents. Signed by Magistrate Judge Christopher B. Brown on 12/22/2025. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc) (Entered: 12/22/2025)

#10

Dec 22, 2025

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by Carlos Javier Ramirez-Espinal. (He, Yue) (Entered: 12/22/2025)

#11

Dec 22, 2025

CERTIFICATE OF SERVICE by Carlos Javier Ramirez-Espinal re 10 Consent to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option (He, Yue) (Entered: 12/22/2025)

Dec 22, 2025

Order on Motion for Extension of Time to File Response/Reply

Dec 22, 2025

Order for Consent/DJO form

#12

Jan 02, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by PAMELA BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (McHale, Matthew) (Entered: 01/02/2026)

#13

Jan 14, 2026

ORDER re 1 Petition for Writ of Habeas Corpus filed by Carlos Javier Ramirez-Espinal. All parties have consented to full jurisdiction before a United States Magistrate Judge, including entry of a final judgment, under 28 U.S.C. § 636(c). See ECF Nos. 6 and 10. Petitioner Carlos Javier Ramirez-Espinal is a 40-year-old native and citizen of Honduras who entered the United States near Laredo, Texas, around 2008 without a valid visa or other entry documentation. ECF No. 1, para. 15; ECF No. 12-2. On November 25, 2025, a petition for a writ of habeas corpus under 28 U.S.C. § 2241 was filed on Ramirez-Espinal's behalf seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF No. 1 . Ramirez-Espinal was arrested and detained by the U.S. Immigration and Customs Enforcement ("ICE") on November 14, 2025. ECF No. 1, para. 15, 43; ECF No. 12-2 at 2. He remains in ICE's custody at Moshannon Valley Processing Center. ECF Nos. 1, para. 1,15; ECF No. 12, at 3. Respondents argue Ramirez-Espinal is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b)(2). They acknowledge, however, that "[n]otwithstanding contrary authority from this Court (cited below), the government's position is respectfully that Ramirez-Espinal is detained based on an application of the text of 8 U.S.C. § 1225." ECF No. 12 at 1 (citing Calzado Diaz v. Noem, No. 3:25- cv-458, 2025 WL 3628480, at *37 (W.D. Pa. Dec. 15, 2025) (Haines, J.), vacated as moot, ECF No. 22 (Dec. 17, 2025); Nunez Ramos v. Noem, No. 3:25-CV-00387, 2025 WL 3687335, at *4 (Brown, M.J.); Vasquez Mejia v. Noem, No. 3:25-CV-00333, 2025 WL 3546427, at *4 (W.D. Pa. Dec. 11, 2025) (Brown, M.J.); Ico Coc v. Warden Leonard Oddo, No. 3:25-CV-00381, 2025 WL 3753965 (W.D. Pa. Dec. 29, 2025) (Taylor, M.J.)). In each of those cases, the judges of this Court held that 8 U.S.C. § 1226(a), not Section 1225(b), governed the petitioner's detention. Respondents contend "notwithstanding these adverse decisions, the government respectfully maintains that the Petition should be denied." ECF No. 12 at 2. For all the reasons stated in those cases, the Court concludes Section 1226(a), not Section 1225(b), governs Ramirez-Espinal's detention and he is, therefore, subject to discretionary detention. As a noncitizen detained under Section 1226(a), Ramirez-Espinal has a statutory right to a bond hearing. See Jennings v. Rodriguez, 583 U.S. 281, 306 (2018) ("Federal regulations provide that aliens detained under § 1226(a) receive bond hearings at the outset of detention.") (citing 8 C.F.R. §§ 236.1(d)(1), 1236.1(d)(1), 1236(d)(1)). In making this finding the Court reiterates it is not making any recommendation whatsoever regarding Ramirez-Espinal's ultimate detention or release. Rather the Court finds, as a matter of statutory interpretation, that he is entitled to a bond hearing. Any other relief requested by Ramirez-Espinal in his Petition, such as immediate release or that the Government be enjoined from transferring him outside this judicial district pending this litigation, is denied. ECF No. 1, at 12-13. The Petition for Writ of Habeas Corpus is GRANTED to the extent Ramirez-Espinal is entitled to a bond hearing. Respondents are ORDERED to provide Ramirez-Espinal with a bond hearing under 8 U.S.C. § 1226(a) within FOURTEEN days of this Order. Counsel for the parties shall file notice of the date and time of the bond hearing on the docket in this matter once the hearing is scheduled. Counsel further shall notify this Court in writing of the outcome of the individualized bond hearing within seven days of the date of the immigration judge's decision. IT IS FURTHER ORDERED, with no further action being required by the Court at this time, the Clerk of Court shall mark this matter closed. Signed by Magistrate Judge Christopher B. Brown on 1/14/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 01/14/2026)

#14

Jan 14, 2026

JUDGMENT pursuant to Rule 58 entered in favor of Petitioner and against Respondents. Signed by Magistrate Judge Christopher B. Brown on 1/14/2026. (bsc) (Entered: 01/14/2026)

Jan 14, 2026

Order