Western District of Pennsylvania • 3:26-cv-01704

#1

Aug 28, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9837808), filed by Maksym Naumenko. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Immigration Judge Bond Denial Order, # 3 Exhibit Notice to Appear, # 4 Exhibit I-94 Admission Record) (Fleming, Stephen) (Entered: 08/28/2026)

Aug 28, 2026

Judge Joy Flowers Conti added. (kss)

#2

Aug 31, 2026

CASE MANAGEMENT ORDER. Signed by Judge Joy Flowers Conti on 8/31/2026. (lyk) (Entered: 08/31/2026)

#3

Sep 02, 2026

CERTIFICATE OF COMPLIANCE re 2 Case Management Order of Habeas Petition on US Attorney by Maksym Naumenko (Attachments: # 1 Exhibit Email to US Atty for Service of Petition) (Fleming, Stephen) Modified text on 9/3/2026 to add document linkage. (kss) (Entered: 09/02/2026)

#4

Sep 03, 2026

NOTICE of Appearance by Kristyn Fleming Novak on behalf of TODD BLANCHE, MARKWAYNE MULLIN, JOHN RIFE, DAVID VENTURELLA, WARDEN, MOSHANNON VALLEY PROCESSING CENTER. (Novak, Kristyn) (Entered: 09/03/2026)

Sep 03, 2026

CLERK'S NOTICE OF CORRECTION re 3 Certificate of Compliance. ERROR: Document not linked. CORRECTION FOR FUTURE FILINGS: Filer advised to link filing to related document(s) in future filings. Clerk added link to appropriate document(s). THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (kss)

#5

Sep 04, 2026

MOTION for Temporary Restraining Order by Maksym Naumenko. (Attachments: # 1 Exhibit I-130 Petition Approval Notice, # 2 Exhibit Marriage Certificate of Petitioner and USC) (Fleming, Stephen) (Entered: 09/04/2026)

#6

Sep 04, 2026

RESPONSE in Opposition re 5 MOTION for Temporary Restraining Order filed by TODD BLANCHE, MARKWAYNE MULLIN, JOHN RIFE, DAVID VENTURELLA, WARDEN, MOSHANNON VALLEY PROCESSING CENTER. (Novak, Kristyn) Modified text on 9/8/2026 to add document linkage. (kss) (Entered: 09/04/2026)

Sep 04, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 5 MOTION for Temporary Restraining Order.ERROR: Filer did not attach a Proposed Order as required by LCvR 7.CORRECTION REQUIRED: Filer to submit a proposed order using the Proposed Order event. Filer is to link the Proposed Order to the relevant motion in the event. (kss)

#7

Sep 08, 2026

ORDER REASSIGNING CASE. The Clerk of Court is directed to reassign this case to another member of the court for all further proceedings. Judge Joy Flowers Conti no longer assigned to case. Signed by Judge Joy Flowers Conti on 9/8/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lyk) (Entered: 09/08/2026)

Sep 08, 2026

Judge David S. Cercone presiding. (cww)

Sep 08, 2026

Order Reassigning Case

#8

Sep 09, 2026

Proposed Order re 5 Motion for TRO by Maksym Naumenko. (Fleming, Stephen) (Entered: 09/09/2026)

#9

Sep 09, 2026

ORDER REASSIGNING CASE. The Clerk of Court is directed to reassign this case to another member of the court for all further proceedings. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 9/9/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mwm) (Entered: 09/09/2026)

Sep 09, 2026

Order Reassigning Case

Sep 09, 2026

Judge Christy Criswell Wiegand presiding. (bgs)

#10

Sep 10, 2026

ORDER DENYING 5 Motion for Temporary Restraining Order. In the 5 Motion, Petitioner requests a temporary restraining order enjoining Respondents from transferring Petitioner outside of the Western District of Pennsylvania pending resolution of the 1 Petition. Congress has vested the Secretary of Homeland Security and his/her delegates, such as U.S. Immigration and Customs Enforcement (ICE) with the authority to detain aliens pending a decision on their removal proceedings. 8 U.S.C. §§ 1231(a)(2), 1226(a), (c)(1). And Congress has vested the Department of Homeland Security (DHS) with the discretion to set the place of detention. 8 U.S.C. § 1231(g)(1); Sinclair v. Att'y Gen., 198 F. App'x 218, 222 n.3 (3d Cir. 2006) (collecting cases). Within DHS discretion is the authority to transfer aliens from one detention center to another. Calla-Collado v. Att'y Gen., 663 F.3d 680, 685 (3d Cir. 2011). Reading § 1231(g)(1) together with Congress' limitations in 8 U.S.C. § 1252(a)(2)(B)(ii) on federal district courts' jurisdiction to review discretionary actions by DHS, federal district courts have concluded that they lack jurisdiction to review DHS' decisions under § 1231. See, e.g., Jane v. Rodriguez, No. 20-5922, 2020 WL 10140953, *1-2 (D.N.J. May 22, 2020) (citing cases). Consistent with this authority, this Court concludes that it lacks jurisdiction to enjoin Petitioner's transfer. Accordingly, IT IS HEREBY ORDERED that the 5 Motion is DENIED. Signed by Judge Christy Criswell Wiegand on 9/10/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tmc) (Entered: 09/10/2026)

Sep 10, 2026

Order on Motion for TRO

#11

Sep 11, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 9/11/2026. (tmc) (Entered: 09/11/2026)

#12

Sep 11, 2026

CERTIFICATE OF SERVICE by Maksym Naumenko (Attachments: # 1 Exhibit Email Service to US Atty) (Fleming, Stephen) (Entered: 09/11/2026)

#13

Sep 11, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 9/25/2026; Reply due 9/30/2026. Signed by Judge Christy Criswell Wiegand on 9/11/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tmc) (Entered: 09/11/2026)

Sep 11, 2026

Order AND ~Util - Set Response

#14

Sep 24, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by TODD BLANCHE, MARKWAYNE MULLIN, JOHN RIFE, DAVID VENTURELLA, WARDEN, MOSHANNON VALLEY PROCESSING CENTER. (Attachments: # 1 Exhibit 1) (Novak, Kristyn) (Entered: 09/24/2026)

#15

Sep 29, 2026

ORDER GRANTING IN PART and DENYING IN PART 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. Petitioner, a noncitizen detained by Respondents at Moshannon Valley Processing Center, seeks, inter alia, immediate release from custody or, in the alternative, an individualized bond hearing before an immigration judge. The parties agree that the issue before the Court is whether Petitioner is subject to discretionary detention pursuant to 8 U.S.C. §1226(a) and therefore entitled to a bond hearing or mandatory detention under 8 U.S.C. § 1225(b) and therefore not entitled to a bond hearing. On 8/28/2026, The United States Court of Appeals for the Third Circuit issued its decision in Buele Morocho v. Warden Philadelphia FDC, No. 26-1150, 2026 WL 2546223, at *8 (Aug. 28, 2026). In Buele Morocho, the Third Circuit held that "§ 1225(b) governs noncitizens arriving to the United States whereas § 1226 governs those already within our borders" and that "detention without bond of noncitizens who have lived in the United States for extended periods of time with no criminal records violates due process." Id. at 9. In light of Buele Morocho, the Court concludes that Petitioner is subject to discretionary detention pursuant to § 1226(a) and is therefore entitled to a bond hearing. The Court also concludes that Petitioner is not required to exhaust administrative remedies as doing so would be futile. Accordingly, IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is GRANTED IN PART, as follows: within thirty days of this Order, Petitioner must receive an individualized bond hearing conducted by an immigration judge pursuant to 8 U.S.C. § 1226. If Petitioner does not receive a bond hearing by that date, or if the immigration judge declines to conduct a bond hearing based on Matter of Yajure Hurtado, Respondents shall immediately release Petitioner from custody. IT IS FURTHER ORDERED that the Petition is DENIED in all other respects. In particular, for the reasons set forth in this Court's prior decisions, the Court DENIES Petitioner's request for costs and attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) because Respondents' position, while incorrect, was substantially justified. See Orellana Rivas v. Oddo et al., No. 3:26-cv-246-CCW, ECF No. 14 (W.D. Pa. Mar. 10, 2026) (Wiegand, J). The Clerk of Court is directed to mark this case CLOSED. Signed by Judge Christy Criswell Wiegand on 9/29/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tmc) (Entered: 09/29/2026)

#16

Sep 29, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No. 15). Signed by Judge Christy Criswell Wiegand on 9/29/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tmc) (Entered: 09/29/2026)

Sep 29, 2026

Order

Sep 29, 2026

Judgment