Western District of Pennsylvania • 3:26-cv-01818

#1

Sep 14, 2026

First PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9876239), filed by Enoc Bladimir Diaz Argueta. (Attachments: # 1 Civil Cover Sheet) (Lacy, Robert) (Entered: 09/14/2026)

#2

Sep 14, 2026

First MOTION for Temporary Restraining Order RELATED TO 28 U.S.C. § 2241 PETITION FOR WRIT OF HABEAS CORPUS by Enoc Bladimir Diaz Argueta. (Lacy, Robert) (Entered: 09/14/2026)

#3

Sep 14, 2026

First MOTION for attorney Robert K Lacy to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9876347) by Enoc Bladimir Diaz Argueta. (Attachments: # 1 Exhibit VSB Certificate of Good Standing) (Lacy, Robert) See motion at 8 Errata; Modified text on 9/18/2026. (cel) (Entered: 09/14/2026)

#4

Sep 14, 2026

NOTICE OF WAIVER OF ORAL ARGUMENT by Enoc Bladimir Diaz Argueta (Lacy, Robert) (Entered: 09/14/2026)

#5

Sep 14, 2026

BRIEF in Support of 2 First MOTION for Temporary Restraining Order RELATED TO 28 U.S.C. § 2241 PETITION FOR WRIT OF HABEAS CORPUS filed by Enoc Bladimir Diaz Argueta. (Lacy, Robert) (Entered: 09/14/2026)

#6

Sep 15, 2026

Proposed Order re 2 Motion for TRO RELATED TO 28 U.S.C. § 2241 PETITION FOR WRIT OF HABEAS CORPUS by Enoc Bladimir Diaz Argueta. (Lacy, Robert) (Entered: 09/15/2026)

Sep 15, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 3 First MOTION for attorney Robert K Lacy to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9876347).ERROR: Filer did not attach a Proposed Order as required by LCvR 7.Incorrect document attached. Specifically, an affidavit was attached but not a motion. CORRECTION REQUIRED:Attorney advised to refile the document, using the Errata event and attach the correct document as well as a proposed order. (cel)

Sep 15, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 2 First MOTION for Temporary Restraining Order RELATED TO 28 U.S.C. § 2241 PETITION FOR WRIT OF HABEAS CORPUS.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. (cel)

Sep 15, 2026

Judge Mark R. Hornak added. (cel)

#7

Sep 16, 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. Eldridge, 424 U.S. 319 (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. Petitioner's counsel shall immediately serve Respondents with a copy of this Order and the Petition via a single e-mail at: usapaw.civ.imm.2241.moshannon@usdoj.gov. The subject line of the email shall contain the case caption and case number of this matter. If the Petition contains voluminous exhibits, they need not be emailed. The email service shall be deemed sufficient to accomplish formal service of the Petition. No other documents, pleadings, or motions may be emailed to this email address. Signed by Judge Mark R. Hornak on 9/16/26. 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: 09/16/2026)

Sep 16, 2026

Order to Show Cause

#8

Sep 17, 2026

Errata re Clerk's Request for Corrective Action, 3 Motion to Appear Pro Hac Vice by Enoc Bladimir Diaz Argueta. Reason for Correction: Did not include Motion. (Attachments: # 1 Affidavit) (Lacy, Robert) Modified text on 9/18/2026. (cel) (Entered: 09/17/2026)

#9

Sep 18, 2026

NOTICE of Appearance by Jerome A. Moschetta on behalf of TODD BLANCHE, BRIAN MCSHANE, MARKWAYNE MULLIN, DAVID J. VENTURELLA, WARDEN. (Moschetta, Jerome) (Entered: 09/18/2026)

#10

Sep 23, 2026

ORDER GRANTING 3 Motion for Robert K Lacy to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 9/23/26. 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: 09/23/2026)

#11

Sep 23, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 7 Order to Show Cause, filed by TODD BLANCHE, BRIAN MCSHANE, MARKWAYNE MULLIN, DAVID J. VENTURELLA, WARDEN. (Attachments: # 1 Exhibit (I-286)) (Moschetta, Jerome) Modified text on 9/24/2026. (cel) (Entered: 09/23/2026)

Sep 23, 2026

Order on Motion to Appear Pro Hac Vice

#12

Sep 24, 2026

ORDER. Respondents assert that Petitioner is detained under the authority of 8 U.S.C. § 1226(a). (ECF No. 11, at 2). The Petition originally put forward several claims in the alternative due to the uncertainty of the authority under which Petitioner was detained. (ECF No. 1, at 13-16). Petitioner is therefore granted leave to reply to the Response 11 within seven (7) days now that a statutory authority for detention has been put forward. Counsel for Respondents has informed the Court that DHS has not scheduled a bond hearing, but that a bond hearing will be scheduled within the 21-day deadline set by the Court in ECF No. 7. (ECF No. 9, at 3). Respondents are therefore ORDERED to file a Notice with the Court upon the scheduling of a bond hearing for Petitioner. Respondents are additionally ORDERED to file a Notice following the holding of a bond hearing for Petitioner, along with the results of the bond hearing. Signed by Judge Mark R. Hornak on 9/24/26. 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: 09/24/2026)

#13

Sep 24, 2026

ORDER DENYING ECF No. 2 Motion for Temporary Restraining Order (T.R.O) and Preliminary Injunction. To obtain a T.R.O., "a petitioner must show that: (1) he is likely to succeed on the merits, (2) denial will result in irreparable harm to the petitioner, (3) granting the injunction will not result in irreparable harm to the respondent(s), and (4) granting the injunction is in the public interest." De Los Santos v. Noem, No. 3:25-cv-390, 2025 WL 4111128, at *1, (W.D. Pa. Nov. 25, 2025) (citing Maldonado v. Houston, 157 F.3d 179, 184 (3d Cir. 1998)). Petitioner argues he will suffer an irreparable injury if Respondents are not enjoined from (1) transferring Petitioner to a different detention center or (2) removing him from the country because of the risk of those actions mooting his Petition. (ECF No. 5, at 6). "[T]he government's post-filing transfer of a § 2241 petitioner out of the courts territorial jurisdiction does not strip the court of jurisdiction over the petition. Anariba v. Dir. Hudson Cnty. Corr. Ctr., 17 F.4th 434, 446 (3d Cir. 2021). And "[a]s long as the petitioner was in custody when he filed his petition, a subsequent release from custody (e.g. a subsequent removal) will not divest the court of jurisdiction. Kumarasamy v. Att'y Gen., 453 F.3d 169, 173, n.7 (3d Cir. 2006). Petitioner's current argument that he will suffer imminent, irreparable harm if transferred from his current detention center or removed from the country is on the facts and procedural posture currently before the Court insufficient to support granting a T.R.O or preliminary injunction enjoining his transfer or removal at this time. The Court, therefore, denies the Motion for a TRO and Preliminary Injunction without prejudice. Signed by Judge Mark R. Hornak on 9/24/26. 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: 09/24/2026)

Sep 24, 2026

Order

Sep 24, 2026

Order on Motion for TRO