Western District of Pennsylvania • 3:26-cv-00311

#1

Feb 23, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-9382861), filed by FRANK YOHAN MACHADO ALVARADO. (Attachments: # 1 List of Exhibits, # 2 Exhibit A cover sheet, # 3 Exhibit A, # 4 Exhibit B cover sheet, # 5 Exhibit B, # 6 Civil Cover Sheet, # 7 Certificate of Service) (Campos, Jose) Modified text on 2/24/2026 to removed duplicative attachment descriptions. (ljs) (Entered: 02/23/2026)

#2

Feb 23, 2026

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by FRANK YOHAN MACHADO ALVARADO. (Campos, Jose) (Entered: 02/23/2026)

#3

Feb 24, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 2/24/2026. (bjw) (Entered: 02/24/2026)

#4

Feb 24, 2026

CERTIFICATE of Compliance re 3 Case Management Order, 1 Petition for Writ of Habeas Corpus, by Jose C Campos on behalf of FRANK YOHAN MACHADO ALVARADO (Campos, Jose) (Entered: 02/24/2026)

Feb 24, 2026

Judge Christy Criswell Wiegand added. (ljs)

#5

Feb 25, 2026

NOTICE of Appearance by Matthew McHale on behalf of PAMELA BONDI, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO. (McHale, Matthew) (Entered: 02/25/2026)

#6

Feb 26, 2026

Responsive pleading to 1 Petition for Writ of Habeas Corpus due by 3/3/2026. Signed by Judge Christy Criswell Wiegand on 2/26/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw) (Entered: 02/26/2026)

Feb 26, 2026

Order

Feb 26, 2026

Order AND Order

#7

Mar 03, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by PAMELA BONDI, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (McHale, Matthew) (Entered: 03/03/2026)

#8

Mar 05, 2026

ORDER GRANTING IN PART AND DENYING IN PART 1 Petition for Writ of Habeas Corpus. Signed by Judge Christy Criswell Wiegand on 3/5/2026. (bjw) (Entered: 03/05/2026)

#9

Mar 05, 2026

JUDGMENT pursuant to Rule 58 entered in favor of Petitioner and against Respondents. Signed by Judge Christy Criswell Wiegand on 3/5/2026. (bjw) (Entered: 03/05/2026)

#10

Mar 10, 2026

NOTICE (joint) of outcome of bond hearing by PAMELA BONDI, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO (Attachments: # 1 Exhibit 1) (McHale, Matthew) (Entered: 03/10/2026)

#11

Mar 13, 2026

MOTION for Attorney Fees by FRANK YOHAN MACHADO ALVARADO. (Attachments: # 1 Exhibit List & Exh. A - E, # 2 Proposed Order, # 3 Certificate of Service) (Campos, Jose) Modified text to remove duplicate text on 3/16/2026. (keh) (Entered: 03/13/2026)

#12

Mar 16, 2026

ORDER DENYING 11 Motion for Attorney Fees by Petitioner. On 3/5/2026, the Court issued an 8 Order granting in part and denying in part the 1 Petition for Writ of Habeas Corpus. Now, in the 11 Motion, Petitioner seeks an award of attorney's fees and expenses in the amount of $23,841.60 pursuant to the Equal Access to Justice Act ("EAJA"). Under the EAJA, a court may award fees and expenses to a prevailing party against the United States, unless "the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust." 28 U.S.C. § 2412(d)(1)(A). While the Court agrees that Petitioner is the prevailing party in this case, the Court finds that the position of the United States in this case was substantially justified and that the 11 Motion should therefore be denied. The key issue in this case was whether Petitioner, who entered the United States without inspection in 2023 and has resided continuously in the United States ever since, is an "applicant for admission" under 8 U.S.C. Section 1225(a). See generally ECF No. 1; ECF No. 7. Respondents argued that "applicant for admission" includes noncitizens like Petitioner who have already been residing in the interior of the United States. See ECF No. 7. The Court concludes that Respondents' interpretation of Section 1225(a), while incorrect, is substantially justified. The Court is mindful that the United States Court of Appeals for the Third Circuit has not yet interpreted the meaning of "applicant for admission" under Section 1225(a) and that the only United States Court of Appeals to consider this issue has ruled that "applicant for admission" includes noncitizens like Petitioner who have resided in the interior of the country for years. See Buenrostro-Mendez v. Bondi et al, 166 F.4th 494 (5th Cir. 2026); see also Alvarez v. Noem, No. 3:26-CV-73, 2026 WL 545382, at *3 (W.D. Pa. Feb. 26, 2026) (Ranjan, J.) (granting habeas petition to extent the petitioner requested a bond hearing, but denying the petition to the extent the petitioner requested attorneys' fees and costs under the EAJA). Petitioner is therefore not entitled to attorney's fees under the EAJA. Accordingly, IT IS HEREBY ORDERED that the 11 Motion is DENIED. Signed by Judge Christy Criswell Wiegand on 3/16/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw) (Entered: 03/16/2026)

Mar 16, 2026

Order on Motion for Attorney Fees

#13

Aug 19, 2026

MOTION to Enforce 8 Order by FRANK YOHAN MACHADO ALVARADO. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Envelope) (keh) (Entered: 08/19/2026)

#14

Aug 20, 2026

ORDER. IT IS HEREBY ORDERED that Respondents shall respond to Petitioner's 13 Motion to Enforce by 8/26/2026. Signed by Judge Christy Criswell Wiegand on 8/20/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mkn) (Entered: 08/20/2026)

Aug 20, 2026

Order

Aug 28, 2026

Order on Motion to Enforce