Western District of Pennsylvania • 3:25-cv-00458
CALZADO DIAZ v. NOEM
Active
Case Information
Filed: December 02, 2025
Assigned to:
Stephanie Lou Haines
Referred to:
Maureen P. Kelly
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Pretrial Detainee)
Active
Last Activity:
December 17, 2025
Parties:
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Docket Entries
#1
Oct 29, 2025
First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number APAEDC-18700492.), filed by KRISTI NOEM, MOSHANNON VALLEY CORRECTION (FDC), JOHN D. TSOUKARIS, PAM BONDI.(Vassor, Dean) (Entered: 10/29/2025)
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First
#2
Nov 22, 2025
Emergency MOTION for Preliminary Injunction Habeus Corpus filed by CARLOS MANUEL CALZADO DIAZ.Brief.(Vassor, Dean). Added MOTION for Temporary Restraining Order on 12/2/2025 (dmh) (Entered: 11/22/2025)
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Emergency MOTION
#3
Nov 25, 2025
Consent MOTION to Transfer Proceeding Under 28 U.S.C. § 1631 filed by PAMELA BONDI, KRISTI NOEM, JOHN D. TSOUKARIS, U.S. DEPARTMENT OF HOMELAND SECURITY.Combined Certificates of Service and Counsel. (Attachments: # 1 Text of Proposed Order)(IN DEN BERKEN, GREGORY) (Entered: 11/25/2025)
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Consent
#4
Nov 25, 2025
ORDER THAT RESPONDENTS' 3 MOTION TO TRANSFER IS GRANTED. THIS PROCEEDING IS THUS TRANSFERRED TO THE U.S.D.C. FOR THE WESTERN DISTRICT OF PA UNDER 28 U.S.C. 1631. SIGNED BY DISTRICT JUDGE CATHERINE HENRY ON 11/25/25.11/25/25 ENTERED AND COPIES E-MAILED.(mas) (Entered: 11/25/2025)
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ORDER
Nov 25, 2025
Case Transferred to District of WESTERN DISTRICT OF PENNSYLVANIA. (mas)
#5
Dec 02, 2025
Case transferred in from District of Pennsylvania Eastern; Case Number 2:25-cv-06154. Original file certified copy of transfer order and docket sheet received. (Entered: 12/02/2025)
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Case
#6
Dec 02, 2025
NOTICE of Substitution of Attorney Appearance by Laura Schleich Irwin on behalf of PAMELA BONDI, KRISTI NOEM, JOHN D. TSOUKARIS, U.S. DEPARTMENT OF HOMELAND SECURITY. Attorney GREGORY BYRON IN DEN BERKEN terminated. (Irwin, Laura) (Entered: 12/02/2025)
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NOTICE
#7
Dec 02, 2025
CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by PAMELA BONDI, KRISTI NOEM, JOHN D. TSOUKARIS, U.S. DEPARTMENT OF HOMELAND SECURITY. (Irwin, Laura) (Entered: 12/02/2025)
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CONSENT
#8
Dec 02, 2025
MEMORANDUM ORDER - IT IS HEREBY ORDERED that Petitioner's Motion at ECF No. 2 is DENIED insofar as Petitioner seeks injunctive relief barring his transfer to another facility, and insofar as Petitioner seeks a T.R.O. However, the Court will proceed to consider Petitioner's Motion in so much as it requests relief via a P.I. based upon his remaining claim that he cannot be detained pursuant to § 1225(b)(2) and must be released. Therefore, IT IS FURTHER ORDERED that Respondents shall file and serve a written response to Petitioner's Motion at ECF No. 2 no later than 11:59 PM on December 9, 2025. Aside from any additional arguments Respondents wish to make, the Response shall specifically address: 1) what statute governs Petitioner's detention and why; as well as 2) Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025) and its position relative to the vast number of courts that have rejected the reasoning articulated therein. Petitioner may, but is not required to, file and serve a Reply to any Response submitted by Respondents on or before 11:59 PM on December 12, 2025. The Court will schedule a hearing as necessary, and as more fully stated in said Memorandum Order. Signed by Judge Stephanie L. Haines on 12/2/2025. (dlg) (Entered: 12/02/2025)
Main Document:
Order
Dec 02, 2025
Magistrate Judge Maureen P. Kelly added. (sms)
Dec 02, 2025
Judge Stephanie L. Haines added. District Judge Stephanie L. Haines presiding and Magistrate Judge Maureen P. Kelly referred. (dmh)
#9
Dec 04, 2025
IT IS HEREBY ORDERED that the Clerk is direct to add WARDEN, MOSHANNON VALLEY PROCESSING CENTER as a Respondent to this matter. This is consistent with the language of the 1 Petition, as well as Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004). Signed by Magistrate Judge Maureen P. Kelly on 12/4/2025. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dad) (Entered: 12/04/2025)
#10
Dec 04, 2025
NOTICE of Appearance by Laura Schleich Irwin on behalf of PAMELA BONDI, KRISTI NOEM, JOHN D. TSOUKARIS, U.S. DEPARTMENT OF HOMELAND SECURITY, WARDEN, MOSHANNON VALLEY PROCESSING CENTER. (Irwin, Laura) (Entered: 12/04/2025)
Main Document:
NOTICE
#11
Dec 04, 2025
CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by PAMELA BONDI, KRISTI NOEM, JOHN D. TSOUKARIS, U.S. DEPARTMENT OF HOMELAND SECURITY, WARDEN, MOSHANNON VALLEY PROCESSING CENTER. (Irwin, Laura) (Entered: 12/04/2025)
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CONSENT
Dec 04, 2025
Order AND ~Util - Add and Terminate Parties
#13
Dec 10, 2025
Show Cause
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Show Cause
#14
Dec 10, 2025
Order to Answer
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Order to Answer
Dec 11, 2025
Order on Motion to Show Cause
#16
Dec 15, 2025
OPINION - Having considered the entire record in this case and the relevant legal principles, the Court holds that Mr. Calzado Diaz is entitled to a bond hearing under 8 U.S.C. § 1226(a) and all related legal principles within seven (7) days of the date of this Opinion and grants his Habeas Petition insofar as he seeks such a bond hearing. Because Mr. Calzado Diaz's other request are unavailing (or mooted by the Court's partial grant of Mr. Calzado Diaz's Habeas Petition), the Court denies the balance of his Habeas Petition at ECF No. 1 and his Motion for a P.I. at ECF No. 2 . An appropriate Order follows, and as more fully stated in said Opinion. Signed by Judge Stephanie L. Haines on 12/15/2025. (dlg)
#17
Dec 15, 2025
Order on Motion for Preliminary Injunction AND Order on Motion for TRO
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Order on Motion for Preliminary Injunction AND Order on Motion for TRO
#18
Dec 15, 2025
Judgment (Rule 58)
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Judgment (Rule 58)
#19
Dec 16, 2025
Reconsideration
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Reconsideration
#22
Dec 17, 2025
Order
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Order
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