Western District of Pennsylvania • 3:26-cv-01249
LANDAVERDE LOPEZ v. ODDO
Active
Case Information
Filed: June 29, 2026
Assigned to:
J. Nicholas Ranjan
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Pretrial Detainee)
Active
Last Activity:
July 09, 2026
Parties:
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Docket Entries
#1
Jun 29, 2026
First PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9689994), filed by VICTOR ANTONIO LANDAVERDE LOPEZ. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A, ICE Detainee Locator) (Duiker, Lina) (Entered: 06/29/2026)
Main Document:
ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)
#2
Jun 29, 2026
First MOTION for attorney Lina Ruth Duiker to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9690026) by VICTOR ANTONIO LANDAVERDE LOPEZ. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good standing, # 3 Proposed Order) (Duiker, Lina) (Entered: 06/29/2026)
Main Document:
Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
Jun 29, 2026
Judge J. Nicholas Ranjan added. (jd)
#3
Jul 02, 2026
Order on Motion to Appear Pro Hac Vice
Main Document:
Order on Motion to Appear Pro Hac Vice
#4
Jul 02, 2026
Case Management Order
Main Document:
Case Management Order
#7
Jul 08, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by LEONARD ODDO, JOHN RIFE. (Guappone, William) (Entered: 07/08/2026)
Main Document:
RESPONSE
#8
Jul 09, 2026
ORDER. For the reasons stated in Villagrez v. Bondi, et al., No. 26-72, 2026 WL 545380 (W.D. Pa. Feb. 26, 2026) (Ranjan, J.), the Court GRANTS the 1 habeas petition. Additionally, to the extent that the government argues that the presence of 8 U.S.C. § 1182(d)(5)(A) subjects Petitioner to mandatory detention, the Court disagrees. See Qasemi v. Francis, No. 25-CV-10029 (LJL), 2025 WL 3654098, at *1011, 13 (S.D.N.Y. Dec. 17, 2025) (finding that Section 1182(d)(5)(A)'s language of "returned to the custody from which he was paroled" refers to DHS's control over Petitioner, not the prior detention status to which Petitioner was subjected to at an earlier time). The Court 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). (3) Petitioner shall be responsible for securing the necessary transcripts and record of the bond hearing. The Court further finds that Respondents' position was substantially justified in this case, so no fees shall be awarded. 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). The Clerk of Court shall administratively CLOSE this case. Signed by Judge J. Nicholas Ranjan on 7/9/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 07/09/2026)
#9
Jul 09, 2026
FINAL JUDGMENT, entered consistent with the above order (ECF 8). Signed by Judge J. Nicholas Ranjan on 7/9/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 07/09/2026)
Jul 09, 2026
Judgment (Rule 58)
Jul 09, 2026
Order
Parties
LANDAVERDE LOPEZ
Party
ODDO
Party