Western District of Pennsylvania • 3:26-cv-01437

#1

Jul 28, 2026

Amended Petition for Writ of Habeas Corpus

#2

Jul 30, 2026

ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)

Jul 30, 2026

Judge Mark R. Hornak added. (ljs)

Jul 30, 2026

CLERK'S NOTICE OF CORRECTION re 1 Amended Petition for Writ of Habeas Corpus. ERROR: Wrong event selected. CORRECTION FOR FUTURE FILINGS: Clerk has redocketed the entry with the correct event. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (ljs)

#3

Jul 31, 2026

ORDER DIRECTING RESPONDENTS TO SHOW CAUSE WHY PETITIONER SHOULD NOT BE GRANTED A BOND HEARING OR RELEASED FORTHWITH DUE TO UNREASONABLE LENGTH OF DETENTION. The Court has reviewed the Petitioner's petition, which asserts that as of the date of its filing, the Petitioner had been detained for 553 days in ICE custody. The Court recognizes that the Petitioner has pending criminal charges against him in Gordon County, Georgia, for the crimes of Theft By Bringing Stolen Property Into the State and Possession of a Firearm During the Commission of a Crime, which were filed in December 2024. The Petitioner maintains his innocence regarding those charges and has not been convicted of them. The charges against the Petitioner implicate 8 U.S.C. § 1226(c)(1)(E), which provides that the Attorney General may hold without a bond hearing any alien who "is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, shoplifting, or assault of a law enforcement officer offense, or any crime that results in death or serious bodily injury to another person." But our Court of Appeals has found that the Constitutions Due Process clause affords aliens detained under 1226(c) a bond hearing, at minimum, "once detention becomes unreasonable." German Santos v. Warden Pike Cnty. Corr. Facility, 965 F.3d 203, 210 (3d Cir. 2020). Detention "'becomes more and more suspect' after five months." Id. at 211 (quoting Diop v. ICE/Homeland Sec., 656 F.3d 221, 234 (3d Cir. 2011)); Gayle v. Warden Monmouth Cty. Corr. Inst., 12 F.4th 321, 332 (3d Cir. 2021) (explaining that an "unreasonably long" detention under § 1226(c) "may be six months or more"). The Petitioner has been detained without a bond hearing for well beyond five or six months. The Court therefore directs the Respondents to, within 14 days of the date of this Order, show cause why the Court should not grant the Petitioner a bond hearing or release forthwith. Signed by Judge Mark R. Hornak on 7/31/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 07/31/2026)

Jul 31, 2026

Order to Show Cause

#4

Aug 03, 2026

ORDER DIRECTING PETITIONER'S COUNSEL TO SERVE RESPONDENTS AND DIRECTING RESPONDENTS TO ENTER APPEARANCE. The Petitioner counsel is hereby ordered to serve Respondents with a copy of this Order, the Order at ECF 3, and the Petitioner's Petition ECF No. 2 via a single e-mail at: usapaw.civ.imm.2241.moshannon@usdoj.gov. The subject line of the email shall contain the case caption and case number of this matter. The email service shall be deemed sufficient to accomplish formal service of the Petition. Upon completion of service via e-mail, Petitioner's counsel shall file a Notice of Compliance, certifying the date and time of service. Respondents are directed to then enter their appearance within 3 days of the date of the Notice of Compliance. The deadline for the Respondents' response to the Court's Show Cause Order ECF No. 3 shall be fourteen (14) days from the date that the Respondents enter their appearance in this matter. Signed by Judge Mark R. Hornak on 8/3/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 08/03/2026)

Aug 03, 2026

Order