Western District of Pennsylvania • 3:26-cv-00892

#1

May 13, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9573349), filed by Jose DE LOS SANTOS GARCIA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Notice to Appear, # 3 Affidavit IJ Burman) (Swaintek-Green, Rebecca) (Entered: 05/13/2026)

#2

May 13, 2026

CASE MANAGEMENT ORDER. Signed by Judge Mark R. Hornak on 5/13/26. (bdb) (Entered: 05/13/2026)

#3

May 13, 2026

CERTIFICATE of Compliance re 2 Order by Rebecca Swaintek-Green on behalf of Jose DE LOS SANTOS GARCIA (Swaintek-Green, Rebecca) (Entered: 05/13/2026)

May 13, 2026

Add and Terminate Judges

May 13, 2026

Judge Mark R. Hornak added. (rjr)

#4

May 14, 2026

NOTICE of Appearance by Lee Alfred Fry on behalf of TODD BLANCHE, FIELD OFFICE DIRECTOR, ENFORCEMENT AND REMOVAL OPERATIONS, PHILADELPHIA FIELD OFFICE, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. (Fry, Lee) (Entered: 05/14/2026)

#5

May 15, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by TODD BLANCHE, FIELD OFFICE DIRECTOR, ENFORCEMENT AND REMOVAL OPERATIONS, PHILADELPHIA FIELD OFFICE, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. (Fry, Lee) (Entered: 05/15/2026)

#6

May 18, 2026

MEMORANDUM ORDER GRANTING IN PART AND DENYING IN PART WITHOUT PREJUDICE PETITION FOR WRIT OF HABEAS CORPUS. IT IS HEREBY ORDERED that Petitioner's Petition for Writ of Habeas Corpus. (ECF No. 1 ) is GRANTED IN PART and DENIED IN PART. It is GRANTED in that within ten (10) days of this Order, Petitioner must receive an individualized bond hearing before a neutral immigration judge pursuant to 8 U.S.C. § 1226. Within seven (7) days thereafter, the parties shall provide notice to the Court in a filing on the docket of the outcome of the bond hearing. If Petitioner is released as a result of the aforementioned individualized bond hearing or otherwise, Respondents are further ORDERED to return to Petitioner any and all funds or property which may have been seized from him at the time of his arrest or which is otherwise in their custody. All other requests in the petition are otherwise DENIED WITHOUT PREJUDICE to the extent Petitioner seeks any additional relief at this time. The Court retains jurisdiction over the action and the parties pending further proceedings. Signed by Judge Mark R. Hornak on 5/18/26. (bdb) (Entered: 05/18/2026)

#7

May 28, 2026

**This document was marked "private" by Chambers staff due to the attorney alerting chambers it inadvertently contained confidential material. Said attorney will refile the corrected version on the docket. NOTICE Joint Status Report by Jose DE LOS SANTOS GARCIA re 6 Order,,,, (Attachments: # 1 Exhibit IJ Bond Order) (Swaintek-Green, Rebecca) Modified text on 5/28/2026. (bdb) (Entered: 05/28/2026)

#8

May 28, 2026

NOTICE Joint Status Report by Jose DE LOS SANTOS GARCIA re 6 Order,,,, (Attachments: # 1 Exhibit IJ Bond Order) (Swaintek-Green, Rebecca) (Entered: 05/28/2026)

#9

Jun 05, 2026

MOTION for Reconsideration or in the Alternative to Enforce by Jose DE LOS SANTOS GARCIA. (Attachments: # 1 Proposed Order) (Swaintek-Green, Rebecca) (Entered: 06/05/2026)

#10

Jun 06, 2026

ORDER Deferring Ruling On 9 Motion for Reconsideration, Directing Response to Same and Ordering that Petitioner Not Be Removed From This Judicial District. The Petitioner filed this action seeking relief from his immigration detention from this Court. ECF No. 1. The Court granted that Petition in part by ordering a prompt immigration bond hearing, denying the balance of the relief sought without prejudice, and retaining jurisdiction over the parties and the action. ECF No. 6. The Petitioner seeks reconsideration of that Order, ECF No. 9, contending in so many words that the bond hearing held by an Immigration Judge and as directed by this Court was a sham, and failed to comport with the requirements of the law or of the Constitution, and that the Court should proceed to more fully adjudicate the claims asserted in the Petition at this time and to grant further relief to the Petitioner. The matters raised by the Motion at ECF No. 9 raise a colorable basis for the Court doing so. The Respondents shall file a response to the Motion at 9 not later than Noon, EDT, Wednesday June 10, 2026. Such response may address the standard for reconsideration of this Courts prior Order, but must also meet every allegation and argument advanced in the Motion at 9 fully and on the merits. To more fully support this Courts ability to more fully and timely adjudicate the matters before it, the Court further ORDERS that the Petitioner may not be removed from this District, absent an Order to the contrary from this Court, or of the Court of Appeals for the Third Circuit or of the Supreme Court, or of a Judge or Justice thereof in accord with the law. Counsel for Respondents shall take all necessary steps to effectuate this Order, forthwith.. Signed by Judge Mark R. Hornak on 06/06/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark) (Entered: 06/06/2026)

Jun 06, 2026

Order on Motion for Reconsideration

#11

Jun 09, 2026

MOTION for Leave to File Documents Under Seal by Jose DE LOS SANTOS GARCIA. (Attachments: # 1 Proposed Order) (Swaintek-Green, Rebecca) (Entered: 06/09/2026)

#12

Jun 09, 2026

MOTION to File Amicus Brief by AMERICAN CIVIL LIBERTIES FOUNDATION OF PENNSYLVANIA. (Attachments: # 1 Proposed Order, # 2 Exhibit 1: Amicus Brief and Exhibit to Amicus Brief) (Walczak, Witold) (Entered: 06/09/2026)

#13

Jun 09, 2026

NOTICE of Appearance by Vanessa Stine on behalf of AMERICAN CIVIL LIBERTIES FOUNDATION OF PENNSYLVANIA. (Stine, Vanessa) (Entered: 06/09/2026)

#14

Jun 10, 2026

ORDER MODIFYING FILING CERTAIN DEADLINES, DIRECTING CERTAIN FILINGS AND REQUIRING CLARIFICATION OF PENDING MOTION. Based on the pendency of the Motions at 11 and 12, the deadline for the filing of the Response of the United States as set by the Order at 10 is modified so that such response shall now be filed not later than 5 days after the Courts disposition of the Motions at 11 and 12 . As to those Motions, the United States shall file its response to each of them on or before June 12, 2026. Further, as to the Motion at 11 it appears to be internally inconsistent, in that on the one hand it recites that redaction of the materials sought to be filed under seal (the bond ROR) would be impractical and perhaps ineffective, and on the other hand, appears to state that the Petitioner is prepared to file such redacted materials if so ordered by the Court. The Petitioner shall file a Notice or Amended Motion on the docket forthwith clarifying such matters, not later than 2:00 p.m. this date. The balance of the Courts Order at 10 remains in full force and effect. Signed by Judge Mark R. Hornak on 06/10/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark) (Entered: 06/10/2026)

#15

Jun 10, 2026

NOTICE of Clarification by Jose DE LOS SANTOS GARCIA re 11 Motion for Leave to File Documents Under Seal, 14 Order,,,,, (Swaintek-Green, Rebecca) (Entered: 06/10/2026)

#16

Jun 10, 2026

NOTICE As to Government's Position on Proposed Amicus Brief by AMERICAN CIVIL LIBERTIES FOUNDATION OF PENNSYLVANIA re 12 Motion to File Amicus Brief (Stine, Vanessa) (Entered: 06/10/2026)

Jun 10, 2026

Order

#17

Jun 12, 2026

RESPONSE to Motion re 11 MOTION for Leave to File Documents Under Seal filed by TODD BLANCHE, FIELD OFFICE DIRECTOR, ENFORCEMENT AND REMOVAL OPERATIONS, PHILADELPHIA FIELD OFFICE, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. (Fry, Lee) (Entered: 06/12/2026)

#18

Jun 12, 2026

RESPONSE to Motion re 12 MOTION to File Amicus Brief filed by TODD BLANCHE, FIELD OFFICE DIRECTOR, ENFORCEMENT AND REMOVAL OPERATIONS, PHILADELPHIA FIELD OFFICE, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. (Fry, Lee) (Entered: 06/12/2026)

#19

Jun 15, 2026

ORDER GRANTING 11 MOTION for Leave to File Documents Under Seal. DO NOT electronically file the sealed version of the document until you electronically file the redacted version of the document, using the Redacted Document event, unless otherwise ordered by the Court. You are required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Mark R. Hornak on 6/15/26. (bdb) (Entered: 06/15/2026)

#20

Jun 15, 2026

ORDER GRANTING 12 Motion to File Amicus Brief. Signed by Judge Mark R. Hornak on 6/15/26. (bdb) (Entered: 06/15/2026)

#21

Jun 15, 2026

SEALED EXHIBIT in support of Motion for Reconsideration Bond Record of Proceedings by Jose DE LOS SANTOS GARCIA pursuant to 19 Order on Motion for Leave to File Documents Under Seal,,. (Swaintek-Green, Rebecca) (Entered: 06/15/2026)

#22

Jun 15, 2026

ORDER. It is hereby ORDERED that the Order at ECF No. 10 is hereby MODIFIED as follows: The Respondents shall file a response to the Motion at 9 not later than Noon, EDT, Monday, June 22, 2026. The remainder of said Order remains unchanged. Signed by Judge Mark R. Hornak on 6/15/26. 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: 06/15/2026)

#23

Jun 15, 2026

NOTICE of Appearance by Lee Alfred Fry on behalf of TODD BLANCHE, FIELD OFFICE DIRECTOR, ENFORCEMENT AND REMOVAL OPERATIONS, PHILADELPHIA FIELD OFFICE, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. (Fry, Lee) Document removed from view and redocketed at 24 . Modified text on 6/15/2026. (ept) (Entered: 06/15/2026)

#24

Jun 15, 2026

NOTICE of Settlement by TODD BLANCHE, FIELD OFFICE DIRECTOR, ENFORCEMENT AND REMOVAL OPERATIONS, PHILADELPHIA FIELD OFFICE, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER, NOTICE of Appearance by Jacqueline C. Brown on behalf of TODD BLANCHE, FIELD OFFICE DIRECTOR, ENFORCEMENT AND REMOVAL OPERATIONS, PHILADELPHIA FIELD OFFICE, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. (Brown, Jacqueline) Document removed from public view and refiled at Errata 28 . Modified text on 6/15/2026. (rjr) (Entered: 06/15/2026)

#25

Jun 15, 2026

Errata re 24 Notice of Settlement,, Notice of Appearance, by TODD BLANCHE, FIELD OFFICE DIRECTOR, ENFORCEMENT AND REMOVAL OPERATIONS, PHILADELPHIA FIELD OFFICE, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. Reason for Correction: NOTICE OF APPEARANCE. (Brown, Jacqueline) Document removed from public view and refiled at Errata 28 . Modified text on 6/15/2026. (rjr) (Entered: 06/15/2026)

#26

Jun 15, 2026

Errata re 25 Errata, by TODD BLANCHE, FIELD OFFICE DIRECTOR, ENFORCEMENT AND REMOVAL OPERATIONS, PHILADELPHIA FIELD OFFICE, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. Reason for Correction: CORRECTED CASE NUMBER. (Brown, Jacqueline) Document removed from public view and refiled at Errata 28 . Modified text on 6/15/2026. (rjr) (Entered: 06/15/2026)

#27

Jun 15, 2026

Errata re Clerk's Request for Corrective Action, by TODD BLANCHE, FIELD OFFICE DIRECTOR, ENFORCEMENT AND REMOVAL OPERATIONS, PHILADELPHIA FIELD OFFICE, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. Reason for Correction: CORRECTED CASE NUMBER. (Brown, Jacqueline) Document removed from public view and refiled at Errata 28 . Modified text on 6/15/2026. (rjr) (Entered: 06/15/2026)

#28

Jun 15, 2026

Errata re 23 NOTICE of Appearance by TODD BLANCHE, FIELD OFFICE DIRECTOR, ENFORCEMENT AND REMOVAL OPERATIONS, PHILADELPHIA FIELD OFFICE, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. Reason for Correction: UPDATED NOTICE OF APPEARANCE. (Brown, Jacqueline) Modified text on 6/15/2026 to correct linkage. (rjr) (Entered: 06/15/2026)

Jun 15, 2026

Clerk's Request for Corrective Action

Jun 15, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 24 Notice of Settlement, Notice of Appearance. ERROR: case number of document does not match case. Signature on document and filer do not match. CORRECTION: Filer is directed to refile the document with a corrected case number, with signature and filer matching, using the Notice of Appearance event. (ept)

Jun 15, 2026

Order

#29

Jun 22, 2026

RESPONSE to Motion re 9 MOTION for Reconsideration or in the Alternative to Enforce filed by TODD BLANCHE, FIELD OFFICE DIRECTOR, ENFORCEMENT AND REMOVAL OPERATIONS, PHILADELPHIA FIELD OFFICE, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. (Attachments: # 1 Exhibit 1) (Brown, Jacqueline) (Entered: 06/22/2026)

#30

Jul 01, 2026

ORDER deferring ruling on 9 Motion for Reconsideration and Ordering Further Supplemental Briefing. On or before July 11, 2026, each party shall file a supplemental memorandum addressing the application, if at all, of the decision in Gayle v. Warden, 12 F. 4th 321 (3d Cir. 2021) on the disposition of the Motion at 9 and matters related to all relief sought in this action. Signed by Judge Mark R. Hornak on 07/01/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark) (Entered: 07/01/2026)

Jul 01, 2026

Order on Motion for Reconsideration

#31

Jul 10, 2026

RESPONSE Regarding Applicability of Gayle v. Warden to 30 Order on Motion for Reconsideration,,, filed by TODD BLANCHE, FIELD OFFICE DIRECTOR, ENFORCEMENT AND REMOVAL OPERATIONS, PHILADELPHIA FIELD OFFICE, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. (Fry, Lee) (Entered: 07/10/2026)

#32

Jul 11, 2026

RESPONSE Regarding the Application of Gayle v. Warden to 30 Order on Motion for Reconsideration,,, filed by Jose DE LOS SANTOS GARCIA. (Attachments: # 1 Appendix Government Noncompliance with Court-Ordered Bond Hearings) (Swaintek-Green, Rebecca) (Entered: 07/11/2026)

#33

Jul 13, 2026

SCHEDULING ORDER. An Oral Argument is hereby SCHEDULED for 7/16/26 at 2:15 PM via Video Conference before Judge Mark R. Hornak. The link required to participate will be circulated via e-mail. Signed by Judge Mark R. Hornak on 7/13/26. 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: 07/13/2026)

Jul 13, 2026

Order AND ~Util - Set Hearings

#34

Jul 14, 2026

NOTICE of Receipt of Bond Hearing Audio Files by TODD BLANCHE, FIELD OFFICE DIRECTOR, ENFORCEMENT AND REMOVAL OPERATIONS, PHILADELPHIA FIELD OFFICE, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Fry, Lee) (Entered: 07/14/2026)

#35

Jul 14, 2026

AUDIO/VISUAL EXHIBIT(S) in support of 34 Notice, by TODD BLANCHE, FIELD OFFICE DIRECTOR, ENFORCEMENT AND REMOVAL OPERATIONS, PHILADELPHIA FIELD OFFICE, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER received. Physical media forwarded to chambers of Judge Hornak. (bmh) (Entered: 07/14/2026)

#36

Jul 15, 2026

NOTICE Regarding Submission of Bond Recording by Jose DE LOS SANTOS GARCIA re 35 Audio/Visual Exhibit(s) Received, 34 Notice, (Swaintek-Green, Rebecca) (Entered: 07/15/2026)

#37

Jul 17, 2026

Minute Entry for proceedings held before Judge Mark R. Hornak: Oral Argument held via videoconference on 7/16/26. (Court Reporter: Amanda Williamson) (bdb) (Entered: 07/17/2026)

#38

Jul 17, 2026

NOTICE of Supplemental Facts by Jose DE LOS SANTOS GARCIA (Attachments: # 1 Exhibit IJ Order Granting Relief) (Swaintek-Green, Rebecca) (Entered: 07/17/2026)

#39

Jul 17, 2026

ORDER DIRECTING FILING OF STATEMENT OF POSITION. Respondents shall file a statement of position as to all matters set out Petitioner's filing at 38 on or before Noon, EDT, Wednesday, July 22, 2026. Signed by Judge Mark R. Hornak on 07/17/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark) (Entered: 07/17/2026)

Jul 17, 2026

Order

#40

Jul 22, 2026

NOTICE of Respondents' Position by TODD BLANCHE, FIELD OFFICE DIRECTOR, ENFORCEMENT AND REMOVAL OPERATIONS, PHILADELPHIA FIELD OFFICE, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER re 38 Notice (Fry, Lee) (Entered: 07/22/2026)

#41

Jul 22, 2026

RESPONSE to Respondents' Statement of Position to 39 Order, 40 Notice,, filed by Jose DE LOS SANTOS GARCIA. (Attachments: # 1 Exhibit Motion for Bond Redetermination, # 2 Exhibit IJ Order Denying Motion for Bond Redetermination) (Swaintek-Green, Rebecca) (Entered: 07/22/2026)

#42

Jul 24, 2026

ORDER GRANTING IN PART MOTION FOR RECONSIDERATION OR IN THE ALTERNATIVE MOTION TO ENFORCE. The Court has been advised that an Immigration Judge has granted Petitioner's application for cancellation of removal. 38 . Petitioner has further informed the Court that he sought a reconsideration of his custody determination in light of this grant, arguing that the application grant and associated fact finding represents a material change in his circumstances justifying a second look at the previous decision to deny bond. 41 . The Immigration Judge denied Petitioner's Motion to Reconsider Custody Determination on the grounds that there was no error of law or fact in his previous decision to deny bond and that if Petitioner asserts "there are materially changed circumstances that warrant a new bond hearing... counsel may file such motion." (ECF No. 41-2). This decision appears to be notwithstanding the fact that Petitioner argues there are materially changed circumstances on the first page of his original Motion. Due Process entitles Petitioner to a fundamentally fair bond hearing. See Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 U.S. App. LEXIS 5092, at *5 (3d Cir. Feb. 25, 2022). A fundamentally fair bond hearing ensures Petitioner has the opportunity to pursue factfinding on the record. Id. Denying Petitioner the opportunity to establish the facts surrounding the grant of his application for cancellation of removal undermines his right to pursue factfinding on the record. Thus the Court GRANTS IN PART Petitioner's Motion for Reconsideration or in the Alternative Motion to Enforce. 9 . It is ORDERED that within fourteen (14) days Petitioner is to receive a new bond hearing in front of a new Immigration Judge that is fundamentally fair: providing Petitioner with "factfinding based on a record produced before the decisionmaker and disclosed to him or her; (2) [the ability] to make arguments on his or her own behalf; and (3) [] the right to an individualized determination of his or her interests." Ghanem, 2022 U.S. App. LEXIS 5092, at *5-6.. Signed by Judge Mark R. Hornak on 7/24/26. 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: 07/24/2026)

Jul 24, 2026

Order on Motion for Reconsideration

#43

Aug 07, 2026

NOTICE of Petitioner's Release by TODD BLANCHE, FIELD OFFICE DIRECTOR, ENFORCEMENT AND REMOVAL OPERATIONS, PHILADELPHIA FIELD OFFICE, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER re 42 Order on Motion for Reconsideration,,,,,,,,, (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Fry, Lee) (Entered: 08/07/2026)

#44

Aug 31, 2026

ORDER CLOSING THE CASE. The Court has received Respondents' Notice of Petitioner's Release following a bond hearing. (ECF No. 43). The Clerk will close the case on the docket without prejudice, which may be reopened for good cause shown. Signed by Judge Mark R. Hornak on 8/31/26. 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: 08/31/2026)

Aug 31, 2026

Order AND ~Util - Terminate Civil Case