Middle District of Pennsylvania • 3:26-cv-01696

#1

Jun 19, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, Receipt Number 7460326), filed by Daniel Eduardo Florez Rodriguez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Notice to Appear, # 3 Exhibit B - Order of Release on Recognizance) (ea) (Entered: 06/22/2026)

#7

Aug 21, 2026

MEMORANDUM (Order to follow as separate docket entry) re 1 Petition for Writ of Habeas Corpus, filed by Daniel Eduardo Florez Rodriguez. For the foregoing reasons, the court concludes that the petitioner is currently detained pursuant to 8 U.S. C. § 1226(a), not 8 U.S.C. § 1225(b)(2), and thus he is entitled to an individualized bond hearing. Accordingly, the petition will be granted, and the government will be ordered to provide the petitioner with an individualized bond hearing within twenty-one days or to release him from custody. An appropriate order follows. Signed by Honorable Joseph F. Saporito, Jr on 8/21/26. (ms)

#9

Sep 15, 2026

AMENDED MEMORANDUM (Order to follow as separate docket entry). For the foregoing reasons, the court concludes that, because he is not actively seeking admission and has been living in interior of the United States for an extended period of time, the petitioners continued mandatory detention without a bond hearing under 8 U.S.C. § 1225(b)(2)(A) is unlawful. Accordingly, we will grant the petition and order the petitioners immediate release from custody. See Andrade v. Rose, No. 26-603, 2026 WL 401189 (E.D. Pa. Feb. 12, 2026) (granting immediate release), affd sub nom. Buele Morocho v. Warden Phila. FDC, ___ F.4th ____, 2026 WL 2546223 (3d Cir. Aug. 28, 2026); Buele Morocho v. Jamison, No. 25-cv-05930, 2025 WL 3296300 (E.D. Pa. Nov. 26, 2025) (same), affd sub nom. Buele Morocho v. Warden Phila. FDC, ___ F.4th ____, 2026 WL 2546223 (3d Cir. Aug. 28, 2026).An appropriate order follows. Signed by Honorable Joseph F. Saporito, Jr on 9/15/26. (ms) Modified on 9/15/2026 (ms).

#10

Sep 15, 2026

AMENDED ORDER (amended memorandum filed previously as separate docket entry). In accordance with the accompanying Amended Memorandum, IT IS HEREBY ORDERED THAT:1.The petition (Doc. 1) is GRANTED;2.The government shall immediately release the petitio ner from custody;3.The respondent shall file a written notice of the petitioners release from custody within three (3) days after such release;4.In the interim, the respondent shall file a written status report with respect to the petitioners custody status every seven (7) days after entry of this order, until the petitioners actual release from custody; and5.The petitioners motion to expedite (Doc. 6) is DENIED as moot; and6.The clerk is directed to mark this case as CLOSED. Signed by Honorable Joseph F. Saporito, Jr on 9/15/26. (ms)

#11

Sep 15, 2026

ORDER re 4 Traverse filed by Daniel Eduardo Florez Rodriguez, 9 Memorandum (Order to follow as separate docket entry),,, 1 Petition for Writ of Habeas Corpus, filed by Daniel Eduardo Florez Rodriguez, 3 Response to Petition for Habeas C orpus, filed by Angela Hoover, John E. Rife, 7 Memorandum (Order to follow as separate docket entry),, 8 Order on Motion to Expedite,,,, 10 Order (memorandum filed previously as separate docket entry),,, Upon further consideration of the petition (Doc. 1), response (Doc. 3), and reply (Doc. 4), and in light of the recent decision by the United States Court of Appeals for the Third Circuit in Buele Morocho v. Warden Phila. FDC, ___ F.4th ____, 2026 WL 2546223 (3d Cir. Aug. 28, 2026), IT IS HEREBY ORDERED THAT the Amended Memorandum and Amended Order filed herewith SUPERSEDE the Memorandum (Doc. 7) and Order (Doc. 8) entered in this case on August 21, 2026. See Bryant v. N.J. Dept of Transp., 998 F. Supp. 438, 441 (D.N.J. 1998) (A district court may... vacate a judgment pursuant to Rule 59(e) on the basis of an intervening change in controlling law.); id. at 442 (A district court may invoke this power sua sponte.); see also Graham v. Hoffer, No. 1:05-CV-2679, 2008 WL 4570667, at *1 (M.D. Pa. Oct. 10, 2008) (quoting Bryant, 998 F. Supp. at 442). Signed by Honorable Joseph F. Saporito, Jr on 9/15/26. (ms)