Western District of Pennsylvania • 3:26-cv-01292

#1

Jul 06, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number 100001480), filed by MELVIN AUDIEL TOMIN NIMAMAC. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Receipt, # 4 Envelope) (rjr) Attachment 2 removed from view due to PII. Modified text on 7/6/2026. (rjr) (Entered: 07/06/2026)

#2

Jul 06, 2026

MOTION for Temporary Restraining Order by MELVIN AUDIEL TOMIN NIMAMAC. (Attachments: # 1 Envelope) (rjr) (Entered: 07/06/2026)

#3

Jul 06, 2026

ORDER deferring ruling on 2 Motion for TRO and Entering Case Management Order, and Setting Certain Response Obligations of Respondents, along with CASE MANAGEMENT ORDER. IT IS HEREBY ORDERED as follows: (1) Service. The Court hereby notifies Petitioner that copies of this order and the Petition were emailed by the Court to the United States Attorneys Office for the Western District of Pennsylvania this day. This email service is deemed sufficient to accomplish formal service of the Petition on Respondents. (2) Respondents counsel notice of appearances. Counsel for Respondents shall file a notice of appearance within 3 days of this date. (3) Respondents response to the petition. The Court has reviewed the petition and supporting materials, and finds that the threshold issues are: whether the Petitioner is entitled to emergency provisional relief in the nature of a temporary restraining Order and whether Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226, or whether he is subject to mandatory detention under 8 U.S.C. § 1225 pursuant to the interpretation set forth in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). Based on its prior decisions on this issue (i.e., Aguirre-Guevara v. Oddo, et al., Case No. 3:26-cv-00070, ECF No. 8 (W.D. Pa. Feb. 11, 2026); Cova v. Rose, et al, Case No. 3:26-cv-00101, ECF No. 9 (W.D. Pa. Feb. 11, 2026); Radway v. Jamison, et al, Case No.3:26-cv-00104, ECF No. 9 (W.D. Pa. Feb. 19, 2026); Didi v. Warden of Moshannon Valley Ice Processing Center et al, Case No. 3:26-cv-00125, ECF No. 11 (W.D. Pa. Feb. 19, 2026); Coc Ixim v. Oddo et al, Case No. 3:26-cv-0019, ECF No. 10 (W.D. Pa. Feb. 19, 2026), the Court tentatively intends to at least grant relief in the form of an individualized bond hearing before an immigration judge. If Respondents believe that there are factual or legal differences between this case and the other cases in which the Court has decided the issue, then they may file a response to the petition within 7 days, identifying those differences. The response is limited to 25 pages, double-spaced. If Respondents position is the same as in the prior cases in which this issue has been raised and decided by the Court, they shall simply state as much in the response, cite to any response or brief previously filed on the issue in this Court, and their position shall be deemed to be incorporated by reference into the record. AS TO THE PETITIONER'S REQUEST FOR EMERGENCY RELIEF IN THE NATURE OF A TRO, RESPONDENTS SHALL FILE THEIR RESPONSE TO THAT MOTION SIMULTANEOUSLY WITH THEIR ENTRY OF APPEARANCE OF THEIR COUNSEL. The Court directs the U.S. Attorneys Office to mail all Orders, pleadings, Motions, and other papers to the above-named Petitioner and file a certificate of service onthe docket of this matter.. Signed by Judge Mark R. Hornak on 07/06/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark) (Entered: 07/06/2026)

Jul 06, 2026

Order on Motion for TRO

Jul 06, 2026

Judge Mark R. Hornak added. (rjr)

#4

Jul 07, 2026

NOTICE of Appearance by Michael Robert Ball on behalf of TODD BLANCHE, FIELD OFFICE DIRECTOR, MARKWAYNE MULLIN, DAVID J. VENTURELLA, WARDEN. (Ball, Michael) (Entered: 07/07/2026)

Jul 09, 2026

Order on Motion for TRO