Middle District of Pennsylvania • 3:26-cv-01845

#1

Jul 02, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, Receipt Number 7479502), filed by Fabian Orguela Guevara. (Attachments: # 1 Civil Cover Sheet) (ea) (Entered: 07/02/2026)

#2

Jul 07, 2026

ORDER TO SHOW CAUSE Show Cause Response due by 7/14/2026. Signed by Honorable Joseph F. Saporito, Jr on 7/7/26. (ms) (Entered: 07/07/2026)

#3

Jul 09, 2026

NOTICE of Appearance by Melissa Swauger on behalf of Todd Blanche, Craig A. Lowe, Brian McShane, Markwayne Mullin. (Swauger, Melissa) (Entered: 07/09/2026)

#4

Jul 09, 2026

AFFIDAVIT of Service for Habeas Corpus Petition and Order served on Craig A. Lowe on 07/08/2026, filed by Fabian Orjuela Guevara., CERTIFICATE OF SERVICE by Fabian Orjuela Guevara (Henry, Michael) (Entered: 07/09/2026)

#5

Jul 14, 2026

RESPONSE TO PETITION FOR HABEAS CORPUS by Craig A. Lowe by Craig A. Lowe. (Attachments: # 1 Exhibit List, # 2 Exhibit(s) Ex. 1 - Record of Deportable/Inadmissible Alien, # 3 Exhibit(s) Ex. 2 - Notice to Appear)(Swauger, Melissa) (Entered: 07/14/2026)

#6

Aug 21, 2026

First MOTION for Pretrial Conference by Fabian Orjuela Guevara.(Henry, Michael) (Entered: 08/21/2026)

#7

Aug 24, 2026

Proposed Order by Fabian Orjuela Guevara. 6 First MOTION for Pretrial Conference . (Henry, Michael) (Entered: 08/24/2026)

Aug 24, 2026

DOCKET ANNOTATION: Counsel is advised to file a proposed order to document 6 using the following event: Civil Events - Other Filings - Other Documents-Includes Social Security Transcript and Brief Events -- Document Filed. (cac)

#8

Aug 26, 2026

MEMORANDUM (Order to follow as separate docket entry) re 1 Petition for Writ of Habeas Corpus filed by Fabian Orjuela Guevara. For the foregoing reasons, the court concludes that the petitioner is currently detained pursuant to 8 U.S.C. § 1226(a), not 8 U.S.C. § 1225(b)(2), and thus he is entitled to an individualized bond hearing. Accordingly, the petition will be granted, and the government will be ordered to provide the petitioner with an individualized bond hearing within twenty-one days or to release him from custody. An appropriate order follows. Signed by Honorable Joseph F. Saporito, Jr on 8/26/26. (ms) (Entered: 08/26/2026)

#9

Aug 26, 2026

ORDER (memorandum filed previously as separate docket entry). In accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:1.The petition (Doc. 1) is GRANTED;2.The government shall either provide Orjuela Guevara with a constitutionally adequate individualized bond hearing within twenty-one (21) days after entry of this order or release Orjuela Guevara on his own recognizance, pursuant to 8 U.S.C. § 1226(a);3.At this individualized bond hearing, the government shall bear the burden of proving by clear and convincing evidence that the petitioners continued detention is necessary to prevent him from fleeing or harming the community;4.The respondent shall file a written notice of the outcome of this individualized bond determination by an immigration judge within seven (7) days after the date of the hearing;5.The petitioners motion for status conference (Doc. 6) is DENIED as moot; and5.The clerk is directed to mark this case as CLOSED. Signed by Honorable Joseph F. Saporito, Jr on 8/26/26. (ms) (Entered: 08/26/2026)

#10

Sep 03, 2026

NOTICE by Craig A. Lowe re 9 Order (memorandum filed previously as separate docket entry),,,, of Bond Hearing (Attachments: # 1 Exhibit(s) Ex. 1 - IJ Order)(Swauger, Melissa) (Entered: 09/03/2026)

#11

Sep 16, 2026

AMENDED MEMORANDUM (Order to follow as separate docket entry) re 8 Memorandum (Order to follow as separate docket entry),, 9 Order (memorandum filed previously as separate docket entry. For the foregoing reasons, the court concludes that, because he is not actively seeking admission and has been living in interior of the United States for an extended period of time, the petitioners continued mandatory detention without a bond hearing under 8 U.S.C. § 1225(b)(2)(A) is unlawful. Accordingly, we will grant the petition and order the petitioners immediate release from custody. See Andrade v. Rose, No. 26-603, 2026 WL 401189 (E.D. Pa. Feb. 12, 2026) (granting immediate release), affd sub nom. Buele Morocho v. Warden Phila. FDC, ___ F.4th ____, 2026 WL 2546223 (3d Cir. Aug. 28, 2026); Buele Morocho v. Jamison, No. 25-cv-05930, 2025 WL 3296300 (E.D. Pa. Nov. 26, 2025) (same), affd sub nom. Buele Morocho v. Warden Phila. FDC, ___ F.4th ____, 2026 WL 2546223 (3d Cir. Aug. 28, 2026).An appropriate order follows. Signed by Honorable Joseph F. Saporito, Jr on 9/16/26. (ms) (Entered: 09/16/2026)

#12

Sep 16, 2026

AMENDED ORDER (amended memorandum filed previously as separate docket entry).In accordance with the accompanying Amended Memorandum, IT IS HEREBY ORDERED THAT:1.The petition (Doc. 1) is GRANTED;2.The government shall immediately release the petitioner from custody;3.The respondent shall file a written notice of the petitioners release from custody within three (3) days after such release;4.In the interim, the respondent shall file a written status report with respect to the petitioners custody status every seven (7) days after entry of this order, until the petitioners actual release from custody; and5.The clerk is directed to mark this case as CLOSED. Signed by Honorable Joseph F. Saporito, Jr on 9/16/26. (ms) (Entered: 09/16/2026)

#13

Sep 16, 2026

ORDER re 5 Response to Petition for Habeas Corpus filed by Craig A. Lowe, 11 Memorandum (Order to follow as separate docket entry),,,, 12 Order (memorandum filed previously as separate docket entry),, 1 Petition for Writ of Habeas Corpus filed by Fabian Orjuela Guevara - Upon further consideration of the petition (Doc. 1) and response (Doc. 5), and in light of the recent decision by the United States Court of Appeals for the Third Circuit in Buele Morocho v. Warden Phila. FDC, ___ F.4th ____, 2026 WL 2546223 (3d Cir. Aug. 28, 2026), IT IS HEREBY ORDERED THAT the Amended Memorandum and Amended Order filed herewith SUPERSEDE the Memorandum (Doc. 8) and Order (Doc. 9) entered in this case on August 26, 2026. See Bryant v. N.J. Dept of Transp., 998 F. Supp. 438, 441 (D.N.J. 1998) (A district court may... vacate a judgment pursuant to Rule 59(e) on the basis of an intervening change in controlling law.); id. at 442 (A district court may invoke this power sua sponte.); see also Graham v. Hoffer, No. 1:05-CV-2679, 2008 WL 4570667, at *1 (M.D. Pa. Oct. 10, 2008) (quoting Bryant, 998 F. Supp. at 442). Signed by Honorable Joseph F. Saporito, Jr on 9/16/26. (ms) (Entered: 09/16/2026)

#14

Sep 17, 2026

Emergency MOTION for Reconsideration re 12 Order (memorandum filed previously as separate docket entry),, by Craig A. Lowe. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Swauger, Melissa) (Entered: 09/17/2026)

#15

Sep 17, 2026

BRIEF IN SUPPORT re 14 Emergency MOTION for Reconsideration re 12 Order (memorandum filed previously as separate docket entry),, filed by Craig A. Lowe. (Attachments: # 1 Exhibit(s) Ex. 1 - IJ Order (8/28/2026), # 2 Exhibit(s) Ex. 2 - IJ Order (9/2/2026))(Swauger, Melissa) (Entered: 09/17/2026)

#16

Sep 17, 2026

ORDER re 14 Emergency MOTION for Reconsideration re 12 Order (memorandum filed previously as separate docket entry),, filed by Craig A. Lowe.Upon consideration of the respondents emergency motion for reconsideration (Doc. 14), in which the respondent reports that the petitioner is now subject to an administratively final removal order and therefore confined pursuant to 8 U.S.C. § 1231 rather than 8 U.S.C. § 1225(b)(2)(A), IT IS HEREBY ORDERED THAT:1.The courts Amended Order (Doc. 12), entered on September 16, 2026, shall be STAYED until further order of this court;2.The petitioner shall file and serve a brief in opposition to the respondents motion for reconsideration (Doc. 14) within seven (7) days after entry of this order;3.In addition to responding to the arguments presented by the respondent in his motion for reconsideration, the petitioners brief in opposition shall SHOW CAUSE why this habeas case should not be dismissed as moot, see Rodney v. Mukasey, 340 Fed. Appx 761, 76364 (3d Cir. 2009); St. Victor v. Atty Gen. U.S., No. 26-cv-00666, 2026 WL 1345974, at *1 (M.D. Pa. May 14, 2026);4.The respondent may file a reply brief within seven (7) days after service of the petitioners brief in opposition. Signed by Honorable Joseph F. Saporito, Jr on 9/17/26. (ms) (Entered: 09/17/2026)

#17

Sep 23, 2026

MOTION for Temporary Restraining Order by Fabian Orjuela Guevara. (Attachments: # 1 Proposed Order, # 2 Affidavit)(Henry, Michael) (Entered: 09/23/2026)

#18

Sep 23, 2026

ORDER denying 17 Motion for TRO Signed by Honorable Joseph F. Saporito, Jr on 9/23/26 (ms) (Entered: 09/23/2026)

#19

Sep 24, 2026

SUGGESTION OF MOOTNESS Upon the Record as to Petition for Writ of Habeas Corpus by Craig A. Lowe. (Attachments: # 1 Unpublished Opinion(s))(Swauger, Melissa) (Entered: 09/24/2026)

#20

Sep 28, 2026

ORDER re 1 Petition for Writ of Habeas Corpus filed by Fabian Orjuela Guevara, 19 Suggestion of Mootness filed by Craig A. Lowe, 11 Memorandum (Order to follow as separate docket entry),,,, 12 Order (memorandum filed previously as separ ate docket entry). 1.Our Amended Memorandum (Doc. 11) and Amended Order (Doc. 12) entered on September 16, 2026, are VACATED;2.The petition (Doc. 1) is DISMISSED as MOOT; and3.The Clerk is directed to mark this case as CLOSED. Signed by Honorable Joseph F. Saporito, Jr on 9/28/26. (ms)