Western District of Pennsylvania • 3:25-cv-00483

Posada v. ODDO

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Case Information

Filed: December 07, 2025
Assigned to: Stephanie Lou Haines
Referred to: Keith A. Pesto
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Det
Active
Last Activity: June 22, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 07, 2025
PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-9234051), filed by Jose Amaya Posada. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Order, # 3 Exhibit Exhs. A through G) (Boyd, Adam) (Entered: 12/07/2025)
Main Document: ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)
#2
Dec 07, 2025
MOTION for attorney Adam R. Boyd to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9234065) by Jose Amaya Posada. (Attachments: # 1 Affidavit, # 2 Exhibit Good Standing, # 3 Proposed Order) (Boyd, Adam) (Entered: 12/07/2025)
Main Document: Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
Dec 08, 2025
Magistrate Judge Keith A. Pesto added. (bjr)
#3
Dec 09, 2025
MOTION for Temporary Restraining Order for Immediate Release by Jose Amaya Posada. (Attachments: # 1 Proposed Order, # 2 Affidavit Noting Call and Email with US Att'y Office Sharing TRO Documents in Advance) (Boyd, Adam) (Entered: 12/09/2025)
Main Document: Temporary Restraining Order
#4
Dec 09, 2025
BRIEF in Support re 3 Motion for TRO for Immediate Release filed by Jose Amaya Posada. (Boyd, Adam) (Entered: 12/09/2025)
Main Document: BRIEF
Dec 09, 2025
Judge Stephanie L. Haines added. District Judge Stephanie L. Haines presiding and Magistrate Judge Keith A. Pesto referred. (dmh)
#5
Dec 10, 2025
Order on Motion for TRO
Main Document: Order on Motion for TRO
#7
Dec 12, 2025
Order
Main Document: Order
Dec 12, 2025
Order on Motion to Appear Pro Hac Vice
#11
Jan 04, 2026
Preliminary Injunction
Main Document: Preliminary Injunction
#17
Jun 04, 2026
REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus and 11 Motion for Preliminary Injunction filed by Jose Amaya Posada. It is respectfully recommended that the petition for writ of habeas corpus be granted to the extent that p etitioner requests a bond hearing. Assuming that relief is granted, it is further is recommended that his motion for preliminary injunction be denied as moot. To the extent petitioner seeks other relief in either his petition or preliminary injunction motion, it is recommended that such requests be denied. Objections to R&R due by 6/18/2026. Signed by Magistrate Judge Peter E. Ormsby on 6/4/2026. (bgs)
Main Document: Report and Recommendation
#18
Jun 22, 2026
MEMORANDUM ORDER - IT IS ORDERED that the petition for a writ of habeas corpus (ECF No. 1 ) hereby is GRANTED. Respondents are directed to provide Petitioner with the statutory process required under 8 U.S.C. § 1226(a), which includes a bond he aring before a neutral immigration judge within seven (7) days of this Order; and, IT IS FURTHER ORDERED that the bond hearing shall include an individualized determination of whether Petitioner poses a danger to the community or a flight risk under the ordinary § 1226(a) framework. The immigration judge shall state the reasons for the custody determination orally on the record or in writing. If bond is denied, the immigration judge shall identify the principal facts and evidence relied upo n in determining that Petitioner poses a danger to the community, a flight risk, or both. Nothing in this Order requires the immigration judge to reach any particular custody determination; and, IT IS FURTHER ORDERED that if Petitioner is not provide d with a bond hearing by the timeframe specified, or if the immigration judge declines to conduct a bond hearing based on Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025) or related grounds that this Court has rejected, the writ shall issue and R espondents shall immediately release Petitioner from custody; and, IT IS FURTHER ORDERED that Respondents shall provide notice to the Court of the outcome of the individualized bond hearing within seven (7) days of the date of the immigration judge&# 039;s decision; and, IT IS FURTHER ORDERED that Magistrate Judge Ormsby's Report and Recommendation (ECF No. 17 ) is adopted as the Opinion of the Court; and, IT IS FURTHER ORDERED that the Motion for Preliminary Injunction (ECF No. 11 ) is denied as moot; and IT IS FURTHER ORDERED that the Clerk of Court is directed to mark this matter closed, and as more fully stated in said Memorandum Order. Signed by Judge Stephanie L. Haines on 6/22/2026. (dlg)
Main Document: Order on Motion for Preliminary Injunction AND Order on Report and Recommendations
#19
Jun 22, 2026
Judgment (Rule 58)
Main Document: Judgment (Rule 58)