Western District of Pennsylvania • 3:26-cv-01044

#1

Jun 04, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9629967), filed by MELVIN ANDRES PERALTA-SILES. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10) (Gozel, Arif) (Entered: 06/04/2026)

#2

Jun 05, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 6/05/2026. (drc) (Entered: 06/05/2026)

Jun 05, 2026

Judge Christy Criswell Wiegand added. (kss)

#3

Jun 18, 2026

DEFICIENCY ORDER directed to PETITIONER. On 6/05/2026, the Court issued a 2 case management order directing Petitioner's counsel to serve respondents with a copy of the 1 Petition and the 2 case management order via email. The 2 order further directed Petitioner's counsel to file a certificate of compliance upon completion of service certifying the date and time of service. To date, no certificate of compliance pursuant to the 2 case management order has been filed. As a result, Petitioner has not met the prerequisites for the Court to adjudicate the 1 Petition. Accordingly, Petitioner shall file a certificate of compliance on or before 6/24/2026. If Petitioner does not file the required certificate of compliance by the Court's deadline, the Court will administratively close the case. Signed by Judge Christy Criswell Wiegand on 6/18/2026. 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: 06/18/2026)

Jun 18, 2026

Deficiency Order

#4

Jun 24, 2026

CERTIFICATE of Compliance re 2 Case Management Order by Hassan M. Ahmad on behalf of MELVIN ANDRES PERALTA-SILES (Ahmad, Hassan) (Entered: 06/24/2026)

#5

Jun 26, 2026

NOTICE of Appearance by Barbara Kiley Doolittle on behalf of MARKWAYNE MULLIN, LEONARD ODDO, DAVID VENTURELLA. (Doolittle, Barbara) (Entered: 06/26/2026)

#6

Jun 26, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 7/24/2026; Reply due 7/29/2026. Signed by Judge Christy Criswell Wiegand on 6/26/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 06/26/2026)

Jun 26, 2026

Order

#7

Jun 29, 2026

NOTICE of Substitution of Attorney Appearance by Nicole A. Stockey on behalf of DAVID VENTURELLA. Attorney Barbara Kiley Doolittle terminated. (Stockey, Nicole) (Entered: 06/29/2026)

#8

Jun 29, 2026

NOTICE of Substitution of Attorney Appearance by Nicole A. Stockey on behalf of MARKWAYNE MULLIN, LEONARD ODDO. (Stockey, Nicole) Document removed from public view. Duplicate of 7 . Modified text on 6/29/2026. (kss) (Entered: 06/29/2026)

#9

Jul 24, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by MARKWAYNE MULLIN, LEONARD ODDO, DAVID VENTURELLA. (Stockey, Nicole) (Entered: 07/24/2026)

#10

Jul 27, 2026

ORDER DENYING 1 Petition for Habeas Corpus. Petitioner, a native and citizen of Nicaragua, has been detained at Moshannon Valley Correctional Center since August 2025. ECF No. 1 paras. 1, 24. In a previous petition, Peralta Siles v. Warden et al, No. 26-cv-00620-CCW (W.D. Pa. 2026) (Wiegand, J.) (Peralta Siles I), Petitioner argued that he was subject to discretionary detention pursuant to § 1226(a) and not mandatory detention under § 1225(b)(2) and therefore that he was entitled to a bond hearing. Because Petitioner had already received a bond hearing in front of an immigration judge (IJ) on 3/2/2026, before filing his first habeas petition, the Court dismissed Petitioners first habeas petition as moot on 5/14/2026. ECF No. 13. Now, in a separate Petition, Petitioner again requests immediate release from detention or, in the alternative, a bond hearing before this Court or before a United States Magistrate Judge of this District at which the government bears the burden of demonstrating that Petitioners continued detention pending his removal is necessary. ECF No. 1 at 25. Petitioner asserts that the bond hearing he received before the IJ on 3/2/2026 failed to comply with due process. Id. at 9-13. Federal courts "lack jurisdiction to review any discretionary determinations underlying the IJ's bond decision," and may only "review whether the bond hearing was fundamentally unfair" such that it violates the detainee's due process rights. Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022); see also Quinteros v. Warden Pike Cnty. Corr. Facility, 784 F. App'x 75, 78 (3d Cir. 2019). The United States Court of Appeals for the Third Circuit has advised that a bond hearing under 8 U.S.C. § 1226 is "fundamentally fair," and thus satisfies due process, if three essential elements are present: (1) factfinding based on a record produced before the decisionmaker and disclosed to the detainee; (2) the detainee is allowed to make arguments on his or her behalf; and (3) the IJ makes an individualized determination of the detainee's interests. Ghanem, 2022 WL 574624 at *2; see also Quinteros, 784 F. App'x at 78. Accordingly, this Court's review of the bond hearing is limited to considering whether the hearing was fundamentally fair under Ghanem. Petitioner has not provided the Court with a transcript or recording of the 3/2/2026 hearing. See ECF No. 1. Thus, the Court lacks any basis to conclude that the hearing lacked the three essential elements of a "fundamentally" fair bond hearing under Ghanem. Accordingly, Petitioner, who bears the burden of demonstrating he is entitled to relief, has failed to show that the 3/2/2026 bond hearing failed to comply with due process. Accordingly, IT IS HEREBY ORDERED that the 1 Petition for Habeas Corpus is DENIED. Signed by Judge Christy Criswell Wiegand on 7/27/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 07/27/2026)

#11

Jul 27, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No. 10). Signed by Judge Christy Criswell Wiegand on 7/27/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 07/27/2026)

Jul 27, 2026

Judgment (Rule 58)

Jul 27, 2026

Order