Western District of Pennsylvania • 3:26-cv-01705

Aug 27, 2026

Judge Mark R. Hornak added. (tla)

#1

Aug 28, 2026

Remark: Habeas Petition lodged without Motion for In Forma Pauperis or payment of filing fee (Attachments: # 1 Exhibits A-B, # 2 Envelope) (tla) (Entered: 08/28/2026)

#2

Sep 01, 2026

DEFICIENCY ORDER. IT IS HEREBY ORDERED that (1) the full $5.00 filing fee or (2) a form motion for leave to proceed in forma pauperis be provided to: Clerk of Court, U.S. Courthouse, 208 Penn Traffic Building, 319 Washington Street, Johnstown, PA 15901; IT IS FURTHER ORDERED that Petitioner may reopen this matter by satisfying the filing deficiencies as outlined above by September 29, 2026; IT IS FURTHER ORDERED that failure to follow this Courts Orders, including the deadline set forth herein, may result in sanctions including dismissal for failure to prosecute; and, FINALLY, IT IS ORDERED that the Clerk of Court shall mark this case CLOSED WITHOUT PREJUDICE. Signed by Judge Mark R. Hornak on 9/1/26. (bdb) (Entered: 09/01/2026)

#3

Sep 01, 2026

Remark: On this date, a copy of ECF No. 2 was mailing to the following: ALEX ALBINO DE LOS SANTOS, A222514817, MOSHANNON VALLEY PROCESSING CENTER, LEGAL MAIL - Open in Presence of Detainee, 555 GEO DRIVE, PHILIPSBURG, PA 16866. 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: 09/01/2026)

#4

Sep 02, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number 30001236), filed by ALEX ALBINO DE LOS SANTOS. (Attachments: # 1 Exhibit, # 2 Receipt) (bjr) (Entered: 09/02/2026)

#5

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. Diaz, 426 U.S. 67 (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. The Court hereby notifies Petitioner that copies of this Order and the Petition were emailed by the Court to the United States Attorney's Office for the Western District of Pennsylvania this day. This email service is deemed sufficient to accomplish formal service of the Petition on Respondents. 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)

#6

Sep 15, 2026

Remark: On this date, a copy of ECF No. 5 was mailed to the following: ALEX ALBINO DE LOS SANTOS, A222514817, MOSHANNON VALLEY PROCESSING CENTER, LEGAL MAIL - Open in Presence of Detainee, 555 GEO DRIVE, PHILIPSBURG, PA 16866. 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

#7

Sep 17, 2026

Remark: Mailing received by Chambers from the Petitioner. The Court will take no further action to said mailing, as it appears to be a duplicate of 4 Petition. (Attachments: # 1 Envelope) (bdb) (Entered: 09/17/2026)

#8

Sep 25, 2026

Remark: On this date, a copy of 4 Petition and the Order at ECF No. 5 was emailed to the following: USAPAW.Civ.Imm.2241.Moshannon@usdoj.gov <usapaw.civ.imm.2241.moshannon@usdoj.gov. 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: 09/25/2026)

#11

Oct 02, 2026

ORDER CLOSING THE CASE. The Court has received Respondents' Notice of Petitioner's Release following a bond hearing. (ECF No. 10). The Clerk will close the case on the docket without prejudice, which may be reopened for good cause shown. 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