Western District of Pennsylvania • 3:26-cv-01721

#1

Aug 31, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9844954), filed by Zamirbek Kalmatov. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1- ICE Locator System, # 3 Exhibit 2- Copy of Passport Biographic Page, # 4 Exhibit 3- Notice to Appear (Form I-862); Form I-94, # 5 Exhibit 4- Form I-589, # 6 Exhibit 5- Work Authorization (EAD), # 7 Exhibit 6- Leasing Agreement) (Oktar, Murathan) (Entered: 08/31/2026)

#2

Aug 31, 2026

MOTION for attorney Murathan Oktar to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9844980) by Zamirbek Kalmatov. (Attachments: # 1 Affidavit of Murathan Oktar in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit A- Good Standing Certificates, # 3 Proposed Order) (Oktar, Murathan) (Entered: 08/31/2026)

Sep 01, 2026

Judge Christy Criswell Wiegand added. (keh)

#3

Sep 03, 2026

ORDER granting 2 Motion for Murathan Oktar to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 9/03/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 09/03/2026)

Sep 03, 2026

Order on Motion to Appear Pro Hac Vice

#4

Sep 11, 2026

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

#5

Sep 11, 2026

CERTIFICATE of Compliance re 4 Case Management Order by Murathan Oktar on behalf of Zamirbek Kalmatov (Attachments: # 1 Exhibit A- Copy of the email) (Oktar, Murathan) (Entered: 09/11/2026)

#6

Sep 14, 2026

NOTICE of Appearance by Kristyn Fleming Novak on behalf of BRIAN MCSHANE, MARKWAYNE MULLIN, DAVID J. VENTURELLA, KURT WOLFORD. (Novak, Kristyn) (Entered: 09/14/2026)

#7

Sep 14, 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 9/14/2026. 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: 09/14/2026)

Sep 14, 2026

Order AND ~Util - Set Response

#8

Sep 23, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus filed by BRIAN MCSHANE, MARKWAYNE MULLIN, DAVID J. VENTURELLA, KURT WOLFORD. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Novak, Kristyn) (Entered: 09/23/2026)

#9

Sep 25, 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 any motion for costs and fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d) shall be filed within ten days of this Order. IT IS FURTHER ORDERED that the Petition is DENIED in all other respects. The Clerk of Court is directed to mark this case CLOSED. Signed by Judge Christy Criswell Wiegand on 9/25/2026. 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: 09/25/2026)

#10

Sep 25, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No. 9). Signed by Judge Christy Criswell Wiegand on 9/25/2026. 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: 09/25/2026)

Sep 25, 2026

Judgment

Sep 25, 2026

Order