Western District of Pennsylvania • 3:26-cv-01392

#1

Jul 17, 2026

AMENDED PETITION for Writ of Habeas Corpus, filed by MILTON CARLOS SALCEDO CHAVEZ. (Attachments: # 1 Proposed Order, # 2 Civil Cover Sheet) (Pramer, Alexander) Documents removed from public view and refiled at 2 . Modified text on 7/20/2026. (rjr) (Entered: 07/17/2026)

#2

Jul 20, 2026

PETITION for Writ of Habeas Corpus (Petitioner) (Filing fee, including Administrative fee, $5, receipt number APAWDC-9737702), filed by MILTON CARLOS SALCEDO CHAVEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Order) (Pramer, Alexander) (Entered: 07/20/2026)

Jul 20, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 1 Amended Petition for Writ of Habeas Corpus. ERROR: Wrong event selected. CORRECTION: Attorney is to refile all documents using the "ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)" under Initial Pleadings and Service -> Complaints, Other Initiating Documents and pay the filing fee. (rjr)

Jul 20, 2026

Judge Christy Criswell Wiegand added. (rjr)

#3

Jul 21, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 7/21/2026. (drc) (Entered: 07/21/2026)

#4

Jul 21, 2026

CERTIFICATE of Compliance re 3 CASE MANAGEMENT ORDER of Service by Alexander Pramer on behalf of MILTON CARLOS SALCEDO CHAVEZ (Pramer, Alexander) Modified text on 7/22/2026 to add linkage. (rjr) (Entered: 07/21/2026)

Jul 22, 2026

CLERK'S NOTICE OF CORRECTION re 4 Certificate of Compliance. ERROR: Document not linked. CORRECTION FOR FUTURE FILINGS: Filer advised to link filing to related document(s) in future filings. Clerk added link to appropriate document(s). THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (rjr)

#5

Jul 24, 2026

NOTICE of Appearance by Brendan T. Conway on behalf of WARDEN MOSHANNON VALLEY PROCESSING CENTER, MARKWAYNE MULLIN, DAVID VENTURELLA. (Conway, Brendan) (Entered: 07/24/2026)

#7

Jul 24, 2026

MOTION to Transfer Case by MILTON CARLOS SALCEDO CHAVEZ. (Pramer, Alexander) (Entered: 07/24/2026)

#8

Jul 24, 2026

MOTION for attorney Alexander Pramer to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9752604) by MILTON CARLOS SALCEDO CHAVEZ. (Pramer, Alexander) (Entered: 07/24/2026)

#9

Jul 27, 2026

SCHEDULING ORDER: Response to Petition due 8/04/2026; Reply due 8/10/2026. Signed by Judge Christy Criswell Wiegand on 7/27/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 07/27/2026)

#10

Jul 27, 2026

ORDER DENYING WITHOUT PREJUDICE 8 Motion for attorney Alexander Pramer to Appear Pro Hac Vice. The motion and the affidavit do not provide all the information required by Local Civil Rule for the Western District of Pennsylvania 83.2.B. L.Cv.R. 83.2B provides "A motion for pro hac vice must be made by the attorney seeking to be admitted[,]" who attests that he "is a registered user of ECF" in this district. The applicant must also attach one current certificate of good standing from the bar or the court in which the affiant primarily practices. L.Cv.R. 83.2B. In this case, Attorney Pramer has not stated that he is a registered ECF user, nor has he attached a certificate of good standing. Accordingly, IT IS HEREBY ORDERED that the 8 Motion is DENIED without prejudice.Signed by Judge Christy Criswell Wiegand on 7/27/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 07/27/2026)

#11

Jul 27, 2026

ORDER DENYING 7 Motion to Transfer case. The 7 Motion, while docketed as a Motion to Transfer[,] is styled as a letter to the Court, and appears to seek to amend the case caption to add Respondent Warden/Facility Administrator of the North Lake Correctional Facility and remove Respondent WARDEN MOSHANNON VALLEY PROCESSING CENTER. This 7 Motion does not comport with this Courts practices and procedures, available at https://www.pawd.uscourts.gov/sites/pawd/files/Wiegand_Practices_Procedures_2024.pdf. Accordingly, IT IS HEREBY ORDERED that the 7 Motion is DENIED without prejudice to Counsels ability to refile as a properly formatted motion, with the filing event matching the requested relief, and after having conferred with opposing counsel. Signed by Judge Christy Criswell Wiegand on 7/27/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 07/27/2026)

Jul 27, 2026

Order on Motion to Transfer Case

Jul 27, 2026

Order

Jul 27, 2026

Order on Motion to Appear Pro Hac Vice

Jul 27, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 8 MOTION for attorney Alexander Pramer to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9752604). ERROR: Filer did not attach a Certificate of Good Standing as required by LCvR 83.2B. CORRECTION: Filer to submit a Certificate of Good Standing using the Errata event. Filer is to link the Certificate of Good Standing to the relevant motion in the event. (rjr)

Jul 27, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 7 MOTION to Transfer Case, 8 MOTION for attorney Alexander Pramer to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9752604). ERROR: Filer did not attach a Proposed Order as required by LCvR 7. CORRECTION: Filer to submit a proposed order using the Proposed Order event. Filer is to link the Proposed Order to the relevant motion in the event. (rjr)

#12

Jul 28, 2026

Amended MOTION for attorney Alexander Pramer to Appear Pro Hac Vice, (Attorney for Petitioner) (Filing fee $70, Receipt # CPAWDC-9757552) by MILTON CARLOS SALCEDO CHAVEZ. (Attachments: # 1 Affidavit Affidavit in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit Certificates of Good Standing in Each State of Admission) (Pramer, Alexander) (Entered: 07/28/2026)

#13

Jul 28, 2026

Proposed Order re 12 Motion to Appear Pro Hac Vice, by MILTON CARLOS SALCEDO CHAVEZ. (Pramer, Alexander) (Entered: 07/28/2026)

#14

Jul 28, 2026

ORDER granting 12 Motion for Alexander Pramer to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 7/28/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 07/28/2026)

Jul 28, 2026

Order on Motion to Appear Pro Hac Vice

#15

Jul 29, 2026

MOTION for Leave to file Amended 2 Petition for Writ of Habeas Corpus, (Motion to Amend to Add Respondent) by MILTON CARLOS SALCEDO CHAVEZ. (Attachments: # 1 Supplement Brief in Support of Motion, # 2 Proposed Order Proposed Order in Support of Motion to Amend to Add Respondent, # 3 Supplement Amended Petition) (Pramer, Alexander) Attachment 1 removed from public view and refiled at 17 . Modified text on 7/29/2026. (rjr) (Entered: 07/29/2026)

#16

Jul 29, 2026

NOTICE of Appearance by Alexander Pramer on behalf of MILTON CARLOS SALCEDO CHAVEZ. (Pramer, Alexander) (Entered: 07/29/2026)

#17

Jul 29, 2026

BRIEF in Support re 15 Motion to Amend, filed by MILTON CARLOS SALCEDO CHAVEZ. (rjr) (Entered: 07/29/2026)

Jul 29, 2026

CLERK'S NOTICE OF CORRECTION re 15 MOTION to Amend 2 Petition for Writ of Habeas Corpus, (Motion to Amend to Add Respondent). ERROR: Document should have been filed as two separate documents. CORRECTION FOR FUTURE FILINGS: Attorney advised that in the future all documents of that nature are to be filed separately. Clerk of Court refiled Brief in Support of Motion at 17 . THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (rjr)

#18

Jul 30, 2026

ORDER. IT IS HEREBY ORDERED that Respondents shall respond to Petitioner's 15 Motion to Amend the 2 Petition by 8/6/2026. Signed by Judge Christy Criswell Wiegand on 7/30/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 07/30/2026)

Jul 30, 2026

Order

#19

Aug 06, 2026

RESPONSE to Motion re 15 MOTION to Amend 2 Petition for Writ of Habeas Corpus, (Motion to Amend to Add Respondent) filed by WARDEN MOSHANNON VALLEY PROCESSING CENTER, MARKWAYNE MULLIN, DAVID J. VENTURELLA. (Conway, Brendan) (Entered: 08/06/2026)

#20

Aug 06, 2026

ORDER GRANTING 15 Motion for Leave to File Amended Petition. In the 15 Motion, Petitioner seeks the Court's leave to file an amended petition in order to add the Warden of the North Lake Correctional Facility as a Respondent. Respondents do not object to the 15 Motion. See ECF No. 19. The Court finds that there is good cause to grant the Motion. Accordingly, IT IS HEREBY ORDERED that the 15 Motion is GRANTED. Petitioner shall file any amended petition by 8/7/2026. Signed by Judge Christy Criswell Wiegand on 8/6/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mkn) (Entered: 08/06/2026)

#21

Aug 06, 2026

AMENDED PETITION for Writ of Habeas Corpus amending 2 Petition for Writ of Habeas Corpus,, filed by MILTON CARLOS SALCEDO CHAVEZ. (Attachments: # 1 Proposed Order [Proposed] Order to Show Cause) (Pramer, Alexander) (Entered: 08/06/2026)

Aug 06, 2026

Order on Motion to Amend

#22

Aug 10, 2026

SCHEDULING ORDER. Response to 21 Amended Petition for Writ of Habeas Corpus due by 8/14/2026; Reply due 8/20/2026. Signed by Judge Christy Criswell Wiegand on 8/10/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mkn) (Entered: 08/10/2026)

Aug 10, 2026

Order

#23

Aug 14, 2026

RESPONSE to 21 Amended Petition for Writ of Habeas Corpus, filed by WARDEN MOSHANNON VALLEY PROCESSING CENTER, MARKWAYNE MULLIN, WARDEN North Lake Processing Center, DAVID VENTURELLA. (Conway, Brendan) (Entered: 08/14/2026)

#24

Aug 17, 2026

ORDER GRANTING IN PART and DENYING IN PART 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. Petitioner, a noncitizen detained by Respondents at North Lake Correctional Facility, seeks, inter alia, immediate release from custody or, in the alternative, an individualized bond hearing before an immigration judge. The parties agree that the issue before the Court is whether Petitioner is subject to discretionary detention pursuant to 8 U.S.C. §1226(a) and therefore entitled to a bond hearing or mandatory detention under 8 U.S.C. § 1225(b) and therefore not entitled to a bond hearing. Respondents rely on the BIA's decisions in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (B.I.A. 2025) and/or Matter of Q. Li, 29 I. & N. Dec. 66 (B.I.A. 2025). The Third Circuit has not yet ruled on this issue and there is a split among several Courts of Appeals. See Buenrostro-Mendez v. Bondi, 166 F.4th 494 (5th Cir. 2026) (noncitizens present in the United States who have not been admitted are "applicants for admission" subject to mandatory detention); see also Avila v. Bondi, 170 F.4th 1128 (8th Cir. 2026) (same); but see Barbosa da Cunha v. Freden, 175 F.4th 61, 69 (2d Cir. 2026) ("Section 1225(b)(2)(A) does not apply to such noncitizens[] who are present in the United States after entering the country without inspection and admission, and who were not apprehended while entering the country or shortly thereafter"); Quiroz v. Mullin, No. 26-6019, slip op. at 14 (10th Cir. June 30, 2026) (holding non-citizens arrested in the interior of the country are generally subject to discretionary detention); Lopez-Campos v. Raycraft, 175 F.4th 713, 722-26 (6th Cir. 2026) (same); Hernandez Alvarez v. Warden, Fed. Det. Ctr. Miami, 175 F.4th 1258, 1261-62 (11th Cir. 2026) (same); Castanon-Nava v. U.S. Dep't of Homeland Sec., 161 F.4th 1048, 1060-62 (7th Cir. 2025) (holding that the government is unlikely to succeed on the merits of its argument that § 1225(b) governs noncitizens already in the United States whom ICE detained in Chicago). This Court agrees with the United States Courts of Appeals for the Second, Sixth, and Eleventh Circuits. And for the reasons set forth in this Court's prior decisions, the Court concludes that: Petitioner is not required to exhaust administrative remedies as doing so would be futile; and Petitioner is subject to discretionary detention pursuant to § 1226(a) and is therefore entitled to a bond hearing. See, e.g., Zhunio v. Warden et al., No. 3:26-CV-71-CCW, ECF No. 7 (W.D. Pa. Mar. 6, 2026) (Wiegand, J.) (noncitizen who entered the United States without inspection and resided continuously in the interior of the country thereafter subject to discretionary detention pursuant to § 1226(a)); Padilla Ventura v. Rose et al., No. 3:26-cv-65-CCW, ECF No. 13 (W.D. Pa. February 3, 2026) (Wiegand, J.) (same). Accordingly, IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is GRANTED IN PART, as follows: within thirty days of this Order, Petitioner must receive an individualized bond hearing conducted by an immigration judge pursuant to 8 U.S.C. § 1226. If Petitioner does not receive a bond hearing by that date, or if the immigration judge declines to conduct a bond hearing based on Matter of Yajure Hurtado, Respondents shall immediately release Petitioner from custody. IT IS FURTHER ORDERED that the Petition is DENIED in all other respects. In particular, for the reasons set forth in this Court's prior decisions, the Court DENIES Petitioner's request for costs and attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) because Respondents' position, while incorrect, was substantially justified. See Orellana Rivas v. Oddo et al., No. 3:26-cv-246-CCW, ECF No. 14 (W.D. Pa. Mar. 10, 2026) (Wiegand, J.). The Clerk of Court is directed to mark this case CLOSED. Signed by Judge Christy Criswell Wiegand on 8/17/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 08/17/2026)

#25

Aug 17, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No. 24). Signed by Judge Christy Criswell Wiegand on 8/17/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 08/17/2026)

Aug 17, 2026

Order Dismissing Case

Aug 17, 2026

Judgment (Rule 58)

#26

Aug 18, 2026

MOTION to Vacate 24 Order Dismissing Case,,,,,,,,,,,,,,,, by WARDEN MOSHANNON VALLEY PROCESSING CENTER, MARKWAYNE MULLIN, WARDEN North Lake Processing Center, DAVID VENTURELLA. (Attachments: # 1 Proposed Order, # 2 Exhibit) (Conway, Brendan) (Entered: 08/18/2026)

#27

Aug 19, 2026

ORDER GRANTING 26 Motion to Vacate 24 Order Dismissing Case. On 8/17/2026, the Court issued an 24 Order ruling that Petitioner is subject to discretionary detention under 8 U.S.C. § 1226(a) and directing Respondents to provide Petitioner with an individualized bond hearing before an immigration judge by 9/16/2026. The Court issued a final Judgment the same day. ECF No. 25. On 8/18/26, Respondents filed a 26 Motion to Vacate the Court's 24 Order. The 26 Motion avers that Respondents' counsel learned after it filed its 23 response to the 1 petition that on 8/14/2026 an immigration judge held an individualized bond hearing and ordered that the Petitioner be released from custody under an $8,000 bond. See ECF No. 26-2. Respondents do not identify the Federal Rule governing reconsideration in these circumstances. Federal Rule of Civil Procedure 60(b) "permits the district court to grant relief from a final judgment if the party seeking modification can show fraud, misrepresentation, or 'a significant change in either factual conditions or in law' that renders continued operation of the judgment inequitable." Neo Gen Screening, Inc. v. TeleChem Int'l, Inc., 69 F. App'x 550, 555 (3d Cir. 2003) (citing Favia v. Indiana Univ. of Pennsylvania, 7 F.3d 332, 341 (3d Cir. 1993)). Here, Petitioner's receipt of a bond hearing and an immigration judge's order that Petitioner shall be released on bond, both of which occurred after the 21 Amended Petition was filed, and which the Court was not aware at the time of its Order and Judgment, constitutes a significant change in factual conditions that justifies granting Respondents relief from the 24 Order, because Petitioner has been granted bond and is therefore no longer entitled to a bond hearing. Furthermore, because Petitioner has received the relief sought in the 21 Amended Petition, the 21 Amended Petition has now become moot. See Nextel W. Corp. v. Unity Township, 282 F.3d 257, 261 (3d Cir. 2002) ("If a claim no longer presents a live case or controversy, the claim is moot and the federal court lacks jurisdiction to hear it."). Accordingly, IT IS HEREBY ORDERED that the 26 Motion to Vacate is GRANTED. IT IS FURTHER ORDERED that the 24 Order and 25 Judgment are VACATED. IT IS FURTHER ORDERED that the 21 Amended Petition for Writ of Habeas Corpus is DISMISSED AS MOOT. Signed by Judge Christy Criswell Wiegand on 8/19/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 08/19/2026)

Aug 19, 2026

Order on Motion to Vacate