Middle District of Pennsylvania • 3:26-cv-02881

#1

Sep 29, 2026

PETITION for Writ of Habeas Corpus lodged as no filing fee was paid and no Motion for In Forma Pauperis was filed, filed by Hermer Alexander Larios Salmeron. (ibr) (Entered: 09/29/2026)

#2

Sep 29, 2026

(THIRTY (30) DAY ADMINISTRATIVE ORDER) directing the prisoner to pay the filing fee or file a signed Application to Proceed IFP within 30 days or case will be dismissed. Signed on 09/29/2026. (Attachments: # 1 IFP Application) (ibr) (Entered: 09/29/2026)

#3

Sep 29, 2026

PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: # 1 Notice of Consent) (ibr) (Entered: 09/29/2026)

#4

Sep 29, 2026

ORDER - in consideration of Hermer Alexander Larios Sameron's ("Larios Saleron") petition for writ of habeas corpus (Doc. 1), the Court finds the following and ORDERS: 1) Larios Salmeron filed the instant petition on September 29, 2026, requesting that Respondent Warden, Pike County Correctional Facility (Respondent) release him from custody at the Pike County Correctional Facility in Lords Valley, Pennsylvania or provide him with a bond hearing. (Doc. 1, at 8). 2.According to Larios Salmeron, Respondent is detaining him and denying him a bond hearing pursuant to 8 U.S.C. § 1225(b)(2)(A), in violation of the Immigration and Nationality Act and the Due Process Clause of the Fifth Amendment. (Doc. 1, at 2, 6-7). 3.Larios Salmeron avers that because he has been residing in the United States since 2022, he should be detained under 8 U.S.C. § 1226(a) and entitled to a bond hearing. (Doc. 1, at 2, 7). 4.In Buele Morocho v. Warden Phila. FDC, Nos. 26-1150 & 26-1454, 2026 WL 2546223, at *7 (3d Cir. Aug. 28, 2026), the Third Circuit found that 8U.S.C. § 1226(a), not § 1225(b)(2)(A), applies to noncitizens who previously entered the country and have been residing in the United States for an extended period of time prior to being apprehended and placed in removal proceedings. 5.The Third Circuit further found that detaining noncitizens who fall under 8 U.S.C. § 1226(a) without a bond hearing violates the Due Process Clause of the Fifth Amendment. Buele Morocho, 2026 WL 2546223, at *8-*10. 6.The Clerk of Court shall make immediate and proper service of the petition for writ of habeas corpus (Doc. 1) and this Order on Respondent. 7.Respondent shall not transfer Larios Salmeron without further order of the Court. 8.Respondent shall file his response to Larios Salmerons petition on or before TUESDAY, OCTOBER 6, 2026, showing why Larios Salmeron is not entitled to release from detention pursuant to Buele Morocho. 2026 WL 2546223, at *7-*10. 9.Larios Salmeron shall file his traverse on or before TUESDAY, OCTOBER 13, 2026. Signed by Honorable Karoline Mehalchick on 9/29/2026. (cac) (Entered: 09/29/2026)

#5

Sep 29, 2026

SHOW CAUSE ORDER and Served on US Attorney's Office, via hand-delivery; Warden, Pike County Correctional Facility, via first class mail. (cac) (Entered: 09/29/2026)