Western District of Pennsylvania • 3:26-cv-01745

#1

Aug 20, 2026

PETITION for Writ of Habeas Corpus, filed by BAIRON DEL VILLAR DE LA CRUZ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(mfr) (Entered: 08/25/2026)

#2

Aug 25, 2026

TEXT ORDER: The Petitioner shall not be removed from the state of New Jersey or from the United States. An immigration-court bond hearing shall be conducted on or before August 27 at 5:00pm, unless by August 27 at 11:00am, the Respondents file a letter explaining either (i) that the Petitioner has asked to adjourn the bond hearing or (ii) that, due to relevant and meaningful procedural or factual distinctions, this case is not controlled by the Court's prior decisions in Y.Z. v. Soto, 812 F. Supp. 3d 459, 461-64 (D.N.J. Dec. 12, 2025); Castillo v. Lyons, 2025 WL 2940990, at *1 (D.N.J. Oct. 10, 2025); and Buestan v. Chu, 2025 WL 2972252, at *1 (D.N.J. Oct. 21, 2025). The Respondents shall file a status update letter on or before August 28 at 5:00pm. In addition, a declaration from the United States Attorney's Office shall be filed on the schedule set out below. It shall indicate that the United States Attorney's Office has (i) received this Order and conveyed it to the appropriate personnel at ICE; and (ii) provided ICE with written legal advice on the subject of ICE's obligation to comply with this Order. A declaration from ICE shall also be filed. It shall indicate that ICE has (i) received this Order; and (ii) received written legal advice from the United States Attorney's Office on the subject of ICE's obligation to comply with this Order. Each declaration shall be filed on the public docket of the Court on or before 9:00am on August 26. The first declaration must be executed by either the United States Attorney or by the Chief of the Civil Division. The second declaration must be executed by either the Newark ICE Field Office Director or by the Newark ICE Field Office Deputy Director. The declarations may be signed by hand or electronically. The United States Attorney's Office shall immediately file a letter on the Court's public docket if an Order of the Court is violated in connection with this case. So Ordered by Judge Michael E. Farbiarz on 8/25/2026. (ro, ) (Entered: 08/25/2026)

#3

Aug 25, 2026

NOTICE of Appearance by JACOB HERIC on behalf of WARDEN OF MOSHANNON VALLEY PROCESSING CENTER (HERIC, JACOB) (Entered: 08/25/2026)

#4

Aug 25, 2026

Letter from Respondents Regarding Petitioner's Location and Request for Extension. (HERIC, JACOB) (Entered: 08/25/2026)

Aug 25, 2026

Filing fee: $ 5, receipt number NEW54951 (jr)

#5

Aug 26, 2026

DECLARATION of Civil Chief re 2 Emergent Immigration Habeas Non-transfer Order,,,,,,,, by WARDEN OF MOSHANNON VALLEY PROCESSING CENTER. (BASIAK, JOHN) (Entered: 08/26/2026)

#6

Aug 26, 2026

DECLARATION of Newark Deputy Field Office Director by WARDEN OF MOSHANNON VALLEY PROCESSING CENTER. (HERIC, JACOB) (Entered: 08/26/2026)

#7

Aug 26, 2026

TEXT ORDER: It does not appear that the Petitioner was detained within this District when the petition was filed. See Respondents' Aug. 25, 2026 Letter (ECF 4); Declaration of Ruben Perez, Jr. (ECF 6) 5-6. So the Court may not have jurisdiction. See Khalil v. Joyce, 777 F. Supp. 3d 369, 393-96 (D.N.J. 2025). In light of the above, the Court is inclined to transfer this case to the Western District of Pennsylvania. See 28 U.S.C. § 1631 (empowering district courts to transfer civil cases to courts in which they could have been filed to address jurisdictional defects). Any party objecting to this proposed course of action shall file a short letter brief on or before August 28 at 5:00pm.. So Ordered by Judge Michael E. Farbiarz on 8/26/26. (ro, ) (Entered: 08/26/2026)

#8

Sep 03, 2026

TEXT ORDER: The Clerk of Court shall promptly transfer this case to the United States District Court for the Western District of Pennsylvania and close this case. So Ordered by Judge Michael E. Farbiarz on 9/3/2026. (ro, ) (Entered: 09/03/2026)

Sep 03, 2026

~Util - Set Hearings

#9

Sep 04, 2026

Case transferred in from District of New Jersey; Case Number 2:26-cv-10897. Original file certified copy of transfer order and docket sheet received. (Entered: 09/04/2026)

Sep 04, 2026

Judge Stephanie L. Haines added. (sms)

#10

Sep 08, 2026

CASE MANAGEMENT ORDER: The Court orders as follows: 1. Service. 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. 2. Respondents' counsel notice of appearances. Counsel for Respondents shall file a notice of appearance within 3 days of this date. 3. Respondents' response to the petition. The Court has reviewed the petition and supporting materials and finds that the threshold issue concerns whether Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226, or whether he is subject to mandatory detention under 8 U.S.C. § 1225 pursuant to the interpretation set forth in Matter of Q. Li, 29 I. & N. Dec. 66 (BIA 2025) and Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025), and as more fully stated in said Case Management Order. Signed by Judge Stephanie L. Haines on 9/8/2026. (dlg) (Entered: 09/08/2026)

#11

Sep 09, 2026

NOTICE of Substitution of Attorney Appearance by David Lew on behalf of WARDEN OF MOSHANNON VALLEY PROCESSING CENTER. Attorney JOHN FRANCIS BASIAK and JACOB HERIC terminated. (Lew, David) (Entered: 09/09/2026)

#12

Sep 15, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by WARDEN OF MOSHANNON VALLEY PROCESSING CENTER. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Lew, David) (Entered: 09/15/2026)

#13

Sep 22, 2026

ORDER - For the reasons stated in this Order, it is hereby ORDERED as follows: 1) The Petition for Writ of Habeas Corpus, ECF No. 1, is GRANTED to the extent it seeks an individualized bond hearing before an immigration judge. 2) The Government is directed to provide Petitioner with the statutory process required under 8 U.S.C. § 1226(a), which includes a bond hearing. 3) The bond hearing shall include an individualized determination of whether Petitioner poses a danger to the community or a flight risk under the ordinary Section 1226(a) framework. The immigration judge shall state the reasons for the custody determination orally on the record or in writing. If bond is denied, the immigration judge shall identify the principal facts and evidence relied upon in determining that Petitioner poses a danger to the community, a flight risk, or both. Nothing in this Order requires the immigration judge to reach any particular custody determination. 4) The Government shall arrange for a individualized bond hearing to be conducted by an immigration judge within 30 days of the issuance of this Order. 5) If Petitioner is not provided with a bond hearing within 30 days of the issuance of this Order, or if the immigration judge declines jurisdiction or denies eligibility for a bond hearing, Respondents shall immediately release Petitioner from custody. 6) If Petitioner is granted bond and the Government appeals the immigration judge's decision, then, upon notification to this Court, the writ shall issue and Petitioner shall be automatically released from custody. 7) With no further action required by the Court at this time, the Clerk of Court shall mark this matter closed, and as more fully stated in said Order. Signed by Judge Stephanie L. Haines on 9/22/2026. (dlg) (Entered: 09/22/2026)

#14

Sep 22, 2026

JUDGMENT - It is hereby ORDERED, ADJUDGED AND DECREED that, pursuant to Rule 58 of the Federal Rules of Civil Procedure, FINAL JUDGMENT is entered in favor of Petitioner and against Respondent. Signed by Judge Stephanie L. Haines on 9/22/2026. (dlg) (Entered: 09/22/2026)