Western District of Pennsylvania • 3:26-cv-01862

#1

Sep 18, 2026

First PETITION for Writ of Habeas Corpus and injunctive relief (Filing fee, including Administrative fee, $5, receipt number APAWDC-9888894), filed by DANIEL ANTONIO CASTELLON PAZ. (Attachments: # 1 Exhibit, # 2 Proposed Order, # 3 Civil Cover Sheet) (Miron, Alexandra) (Entered: 09/18/2026)

Sep 18, 2026

Judge Mark R. Hornak presiding. (tla)

#2

Sep 21, 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 Petitioners 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: (1) the statutory basis for Petitioner's detention; (2) if Petitioner is detained under § 1226(a), that Respondents had the required warrant prior to Petitioner's arrest or detention; and (3) if Petitioner is detained under § 1226(a), that specific actions have been taken to ensure 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 9/21/26. 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: 09/21/2026)

Sep 21, 2026

Order to Show Cause

#5

Sep 25, 2026

Appear Pro Hac Vice (for Attorney filers only, Credit Card required)

Sep 25, 2026

Order on Motion to Appear Pro Hac Vice