Eastern District of Pennsylvania • 2:26-cv-06389

#1

Aug 27, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number APAEDC-19589170.), filed by Hector CORTEZ BARRETO. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Designation Form Designation Form)(Miller-Schaeffer, Kaley) (Entered: 08/27/2026)

#2

Aug 28, 2026

ORDER THAT UPON CONSIDERATION OF THE PETITION OF HECTOR CORTEZ BARRETO FOR A WRIT OF HABEAS CORPUS (ECF NO. 1), IT IS HEREBY ORDERED THAT THE GOVERNMENT SHALL RESPOND TO THE PETITION BY SEPTEMBER 4, 2026. PETITIONER SHALL FILE HIS REPLY, IF ANY, ON OR BEFORE SEPTEMBER 10, 2026. SIGNED BY DISTRICT JUDGE MARY KAY COSTELLO ON 8/28/2026. 8/28/2026 ENTERED AND COPIES E-MAILED.(sg) (Entered: 08/28/2026)

#3

Sep 04, 2026

Notice of Appearance

#4

Sep 04, 2026

Answer to Complaint

#5

Sep 09, 2026

Answer to Complaint

#6

Sep 11, 2026

Answer to Complaint

#7

Sep 11, 2026

MEMORANDUM; ETC.. SIGNED BY DISTRICT JUDGE MARY KAY COSTELLO ON 9/11/26. 9/11/26 ENTERED AND E-MAILED.(JL)

#8

Sep 11, 2026

Response

#9

Sep 11, 2026

ORDER THAT THE PETITION IS GRANTED IN PART FOR THE REASONS STATED IN THE MEMORANDUM. CORTEZ BARRETO IS NOT SUBJECT TO MANDATORY DETENTION UNDER 8 U.S.C. § 1225, AND IS INSTEAD SUBJECT TO DETENTION, IF AT ALL, UNDER THE DISCRETIONARY PROVISIO NS OF 8 U.S.C. § 1226(A). WITHIN SEVEN DAYS OF THE DATE OF THIS ORDER, THE GOVERNMENT SHALL PROVIDE CORTEZ BARRETO WITH A BOND HEARING UNDER 8 U.S.C. § 1226(A), AT WHICH A NEUTRAL IMMIGRATION JUDGE SHALL DETERMINE WHETHER DETENTION IS WARRANTED PENDING THE RESOLUTION OF HIS REMOVAL PROCEEDINGS. THE GOVERNMENT SHALL CERTIFY COMPLIANCE WITH THIS ORDER ON THE DOCKET NO LATER THAN 9/18/26; ETC.. SIGNED BY DISTRICT JUDGE MARY KAY COSTELLO ON 9/11/26. 9/11/26 ENTERED AND E-MAILED.(JL)