Western District of Pennsylvania • 3:26-cv-00453

#1

Mar 14, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-9428070), filed by Andres Alonso Salazar. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Certificate of Service Exhibits A-G) (Rogers, Peter) Modified text on 3/16/2026. (bjr) (Entered: 03/14/2026)

#2

Mar 14, 2026

MOTION for Preliminary Injunction by Andres Alonso Salazar. (Attachments: # 1 Proposed Order) (Rogers, Peter) (Entered: 03/14/2026)

#3

Mar 14, 2026

BRIEF in Support re 2 Motion for TRO, Motion for Preliminary Injunction filed by Andres Alonso Salazar. (Rogers, Peter) (Entered: 03/14/2026)

#4

Mar 16, 2026

ORDER re 2 MOTION for Temporary Restraining Order by Petitioner. In the 2 Motion for a TRO, Petitioner seeks, among other relief, an order from the Court directing Respondents to provide Petitioner with a bond hearing before a neutral immigration judge. Given that Petitioner is requesting affirmative relief rather than maintenance of the status quo, Petitioner's request goes beyond the limited, temporary nature of a TRO and requires giving Respondents notice and an opportunity to be heard. See Hope v. Warden York County Prison, 956 F.3d 156, 162 (3d Cir. 2020). Accordingly, IT IS HEREBY ORDERED the Court will DENY the request for a TRO but will review the 2 Motion as a request for a preliminary injunction. A case management order will issue forthwith. 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)

#5

Mar 16, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 3/16/2026. (bjw) (Entered: 03/16/2026)

#6

Mar 16, 2026

ORDER regarding 2 Motion for Preliminary Injunction. Respondents shall respond to the 2 Motion for Preliminary Injunction on the same date, and in the same document, as their Response to the Petition. 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

Mar 16, 2026

Judge Christy Criswell Wiegand added. (bjr)

Mar 16, 2026

CLERK'S NOTICE OF CORRECTION re 1 Petition for Writ of Habeas Corpus,. ERROR: Party name(s) entered incorrectly. CORRECTION FOR FUTURE FILINGS: Attorney is directed to enter party names correctly in all future filings. See the party naming conventions manual on the Court's website at https://www.pawd.uscourts.gov/attorneys. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (bjr)

Mar 18, 2026

Order

#12

Mar 24, 2026

ORDER GRANTING IN PART and DENYING IN PART 2 Motion for Preliminary Injunction and 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. Petitioner, a noncitizen detained by Respondents at Moshannon Valley Processing Center, seeks, inter alia, immediate release from custody or, in the alternative, an individualized bond hearing before an immigration judge. The parties agree that the issue before the Court is whether Petitioner is subject to discretionary detention pursuant to 8 U.S.C. §1226(a) and therefore entitled to a bond hearing or mandatory detention under 8 U.S.C. § 1225(b) and therefore not entitled to a bond hearing. Respondents rely on the BIA's decisions in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (B.I.A. 2025) and/or Matter of Q. Li, 29 I. & N. Dec. 66 (B.I.A. 2025). For the reasons set forth in this Court's prior decisions, the Court concludes that: Petitioner is not required to exhaust administrative remedies as doing so would be futile; and Petitioner is subject to discretionary detention pursuant to § 1226(a) and is therefore entitled to a bond hearing. See, e.g., Zhunio v. Warden et al., No. 3:26-CV-71-CCW, ECF No. 7 (W.D. Pa. Mar. 6, 2026) (Wiegand, J.) (noncitizen who entered the United States without inspection and resided continuously in the interior of the country thereafter subject to discretionary detention pursuant to § 1226(a)); Padilla Ventura v. Rose et al., No. 3:26-cv-65-CCW, ECF No. 13 (W.D. Pa. February 3, 2026) (Wiegand, J.) (same). Accordingly, IT IS HEREBY ORDERED that the Motion for Preliminary Injunction and Petition for Writ of Habeas Corpus are GRANTED IN PART, as follows: within seven days of this Order, Petitioner must receive an individualized bond hearing conducted by an immigration judge pursuant to 8 U.S.C. § 1226. If Petitioner does not receive a bond hearing by that date, or if the immigration judge declines to conduct a bond hearing based on Matter of Yajure Hurtado, Respondents shall immediately release Petitioner from custody. Within seven days of the immigration judge's decision, the parties must file a joint notice on the docket advising the Court of the outcome of the bond hearing. IT IS FURTHER ORDERED that the Motion for Preliminary Injunction and Petition are DENIED in all other respects. In particular, for the reasons set forth in this Court's prior decisions, the Court DENIES Petitioner's request for costs and attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) because Respondents' position, while incorrect, was substantially justified. See Orellana Rivas v. Oddo et al., No. 3:26-cv-246-CCW, ECF No. 14 (W.D. Pa. Mar. 10, 2026) (Wiegand, J.). The Clerk of Court is directed to mark this case CLOSED. Signed by Judge Christy Criswell Wiegand on 3/24/2026. 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: 03/24/2026)

Mar 24, 2026

Order Dismissing Case

#13

Mar 31, 2026

NOTICE of Bond Determination Hearing Outcome by PAM BONDI, TODD LYONS, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO (Attachments: # 1 Exhibit 1) (Bloch, Carolyn) (Entered: 03/31/2026)