Western District of Pennsylvania • 3:26-cv-01645

#1

Aug 22, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9822644), filed by RAFAEL CHUB CHE. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 - ICE Memo, # 3 Exhibit 2 - Romero-Nolasco, # 4 Exhibit 3 - Maldonado Bautista, # 5 Exhibit 4 - Soto-Medina) (Pierce, Brittany) Duplicative text removed. Modified text on 8/24/2026. (tla) (Entered: 08/22/2026)

Aug 24, 2026

Judge Mark R. Hornak added. (tla)

#2

Aug 31, 2026

CASE MANAGEMENT ORDER. Signed by Judge Mark R. Hornak on 8/31/26. 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: 08/31/2026)

#3

Aug 31, 2026

CORRECTIVE ENTRY re 2 Case Management Order. Reason for Correction: document not attached. (bdb) (Entered: 08/31/2026)

#4

Aug 31, 2026

CERTIFICATE of Compliance re 2 Order by Brittany Sophrone Pierce on behalf of RAFAEL CHUB CHE (Pierce, Brittany) (Entered: 08/31/2026)

Aug 31, 2026

Order

#5

Sep 01, 2026

NOTICE of Appearance by Katherine C Jordan on behalf of TODD BLANCHE, MARKWAYNE MULLIN, MICHAEL T. ROSE, WARDEN OF MOSHANNON VALLEY PROCESSING CENTER. (Jordan, Katherine) (Entered: 09/01/2026)

#6

Sep 08, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by TODD BLANCHE, MARKWAYNE MULLIN, MICHAEL T. ROSE, WARDEN OF MOSHANNON VALLEY PROCESSING CENTER. (Jordan, Katherine) (Entered: 09/08/2026)

#7

Sep 15, 2026

ORDER DIRECTING RESPONDENTS TO SHOW CAUSE WHY THE PETITION FOR WRIT OF HABEAS CORPUS SHOULD NOT BE GRANTED AND RELEASE ORDER ENTERED, DIRECTING THE ENTRY OF APPEARANCE FOR RESPONDENTS, DIRECTING SERVICE BY PETITIONER, DIRECTING FURTHER PROCEEDINGS AND FILINGS, AND ADDRESSING OTHER REQUESTS FOR RELIEF. The United States Court of Appeals for the Third Circuit has held that the detention of certain noncitizens already present in the United States is generally governed by 8 U.S.C. § 1226(a), which requires a bond hearing, and that detention of noncitizens under § 1226(a) without a bond hearing before a neutral decisionmaker violates the Due Process Clause of the United States Constitution. Buele Morocho v. Warden Philadelphia FDC, 2026 WL 2546223 (3d Cir. Aug. 28, 2026). See generally Zadvydas v. Davis, 533 U.S. 678 (2001); Mathews v. Eldridge, 424 U.S. 319 (1976). After a careful review of Petitioner's Petition for a Writ of Habeas Corpus (and annexed documents or materials) along with the other papers of record, this Court preliminarily concludes that it appears that Petitioner's Petition is governed by the principles set out in the above-referenced cases and is well-taken in that the Petitioner has to date been detained without being provided with such a bond hearing as is required by law. Counsel for Respondents shall file a notice of appearance within 3 days of this Order. Respondents are ORDERED to SHOW CAUSE by a filing on the docket of this Court within 7 days of the date of this Order demonstrating good cause as to why the Court should not grant the Petition and order Petitioner's immediate release from detention, unless in such filing the Respondents also confirm that within 21 days of the date of this Order, Respondents will provide Petitioner with a constitutionally compliant bond hearing as set out above. Respondents shall thereafter file on the docket a prompt notice of the date such hearing was held along with its outcome. To the extent that the filings of the Petitioner seek the award of counsel fees/costs pursuant to the Equal Access to Justice Act ("EAJA") or other provisions of law, the Respondents shall also set forth a statement of position as to such requested relief within 14 days of the date of this Order. To the extent that the filings of the Petitioner seek the entry of a temporary restraining order directing release or a bond hearing, such request is DENIED without prejudice in light of the matters set forth in this Order. Petitioner's counsel shall immediately serve Respondents with a copy of this Order and the Petition 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. If the Petition contains voluminous exhibits, they need not be emailed. The email service shall be deemed sufficient to accomplish formal service of the Petition. No other documents, pleadings, or motions may be emailed to this email address. Signed by Judge Mark R. Hornak on 9/15/26. 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: 09/15/2026)

Sep 15, 2026

Order to Show Cause

#8

Sep 22, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 7 Order to Show Cause, filed by TODD BLANCHE, MARKWAYNE MULLIN, MICHAEL T. ROSE, WARDEN OF MOSHANNON VALLEY PROCESSING CENTER. (Jordan, Katherine) (Entered: 09/22/2026)

#9

Oct 02, 2026

ORDER. At ECF No. 8 Respondents filed a Response to Order to Show Cause in which it asserts that Petitioner was scheduled for a constitutionally compliant bond hearing and that they would file with the Court a Notice of the outcome of the hearing. Respondents have not filed said Notice. It is HEREBY ORDERED that Respondents must file a Status Update regarding the outcome of the described bond hearing by 5 PM on 10/5/2026. Signed by Judge Mark R. Hornak on 10/2/26. 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: 10/02/2026)

Oct 02, 2026

Order

#10

Oct 05, 2026

STATUS REPORT by TODD BLANCHE, MARKWAYNE MULLIN, MICHAEL T. ROSE, WARDEN OF MOSHANNON VALLEY PROCESSING CENTER. (Attachments: # 1 Exhibit) (Jordan, Katherine) (Entered: 10/05/2026)

#11

Oct 21, 2026

ORDER. Respondents have informed the Court that Petitioner was granted a bond hearing and bond was denied. (ECF No. 10 ). Therefore, it is HEREBY ORDERED that the Petition for Writ of Habeas Corpus at ECF No. 1 is dismissed without prejudice for mootness. The Clerk will close the case on the docket without prejudice, and the Court retains jurisdiction over the action and the parties pending further proceedings, as may be appropriate, including interpretation or enforcement of its Orders. Signed by Judge Mark R. Hornak on 10/21/26. 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: 10/21/2026)

Oct 21, 2026

Order AND ~Util - Terminate Civil Case