Western District of Pennsylvania • 3:26-cv-01008

#1

May 29, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9614228), filed by NECATI KUGU. (Attachments: # 1 Civil Cover Sheet) (Cetin, Mustafa) (Entered: 05/29/2026)

#2

May 29, 2026

EXHIBITS in Support of 1 Petition for Writ of Habeas Corpus by NECATI KUGU. (Cetin, Mustafa) (Entered: 05/29/2026)

Jun 01, 2026

CLERK'S NOTICE OF CORRECTION re 2 Exhibits in Support. ERROR: Exhibit should have been filed as separate documents. CORRECTION FOR FUTURE FILINGS: Attorney advised that in the future all exhibits of that nature are to be filed separately. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (tla)

Jun 01, 2026

Judge William S. Stickman added. (bjr)

Jun 02, 2026

Case Reassigned to Judge Stephanie L. Haines as related to 3:25-cv-00586 pursuant to LCvR 40(D)(3). Judge William S. Stickman no longer assigned to the case. (rgm) Modified text on 6/4/2026 to add reason for reassignment. (sms)

#3

Jun 03, 2026

CASE MANAGEMENT ORDER: The Court orders as follows: 1. Service. Petitioner's counsel shall 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 case. 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. 2. Certificate of compliance of service. Upon completion of service via e-mail as reflected in Paragraph 1, Petitioner's counsel shall file a notice of compliance, certifying the date and time of service. 3. Respondents' counsel notice of appearances. Counsel for Respondents shall file a notice of appearance within 3 days of the filing of Petitioner's Certificate of Compliance of Service. 4. Respondents' responses to the petition. Respondents shall file any responses or answers to the petition within 30 days of the date of service. Responses are limited to 25 pages, double-spaced. 5. Petitioner's reply in support of the petition. Petitioner shall file any reply in support of the petition within 5 days of the filing of Respondents' response to the petition. The Reply is limited to 5 pages, double-spaced. Signed by Judge Stephanie L. Haines on 6/3/2026. (dlg) (Entered: 06/03/2026)

#4

Jun 04, 2026

CERTIFICATE OF SERVICE by NECATI KUGU re 3 Case Management Order (Cetin, Mustafa) Modified text on 6/4/2026. (cel) (Entered: 06/04/2026)

#5

Jun 04, 2026

NOTICE of Appearance by David Lew on behalf of WARDEN OF THE MOSHANNON VALLEY PROCESSING CENTER. (Lew, David) (Entered: 06/04/2026)

#6

Jul 02, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by WARDEN OF THE MOSHANNON VALLEY PROCESSING CENTER. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Lew, David) (Entered: 07/02/2026)

#7

Sep 02, 2026

TEXT ORDER - Upon consideration of Petitioner's Second Petition for Writ of Habeas Corpus, ECF No. 1, and Respondent's Response in Opposition, ECF No. 6, the Petition is DENIED. Petitioner is detained pursuant to 8 U.S.C. § 1226(a). In Petitioner's prior habeas action, the Court ordered that he receive an individualized bond hearing, and such a hearing was held on May 21, 2026. The immigration judge denied bond after determining that Petitioner had not established that he was not a flight risk. Petitioner filed the present Petition eight days later. He does not identify any procedural defect in that hearing, unreasonable Government delay arising thereafter, or other materially changed circumstance rendering the process previously afforded constitutionally inadequate. Rather, his present claim rests on the duration of his detention. The Third Circuit has held that duration alone does not entitle a detainee who has received an individualized bond hearing under § 1226(a) to an additional hearing. Borbot v. Warden Hudson Cnty. Corr. Facility, 906 F.3d 274, 27880 (3d Cir. 2018). Petitioner's reliance on Zadvydas v. Davis, 533 U.S. 678 (2001), does not alter that conclusion. Zadvydas addressed post-final order detention under 8 U.S.C. § 1231(a)(6), whereas Petitioner's appeal from his removal order remains pending before the Board of Immigration Appeals and his detention remains governed by § 1226(a). Accordingly, Petitioner has not established that his present detention violates the Constitution or laws of the United States. The Petition is DENIED, without prejudice to any future habeas challenge based upon materially different circumstances arising after this Order. The Clerk shall mark this matter CLOSED. Signed by Judge Stephanie L. Haines on 9/2/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dlg) (Entered: 09/02/2026)

Sep 02, 2026

Order