Western District of Pennsylvania • 3:26-cv-01262

#1

Jul 01, 2026

MOTION for Leave to Proceed in forma pauperis by BORIVINE ASOBO MULUTEKWI. (Attachments: # 1 Habeas Petition lodged pending disposition of IFP Motion, # 2 Envelope) (rjr) (Entered: 07/01/2026)

#2

Jul 01, 2026

ORDER. IT IS HEREBY ORDERED that Petitioner's 1 Motion for Leave to Proceed in forma pauperis is GRANTED. The Clerk of Court is directed to file the Petition located at ECF No. 1-1 on the docket forthwith.Signed by Judge Christy Criswell Wiegand on 7/01/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 07/01/2026)

#3

Jul 01, 2026

PETITION for Writ of Habeas Corpus, filed by BORIVINE ASOBO MULUTEKWI. (rjr) (Entered: 07/02/2026)

Jul 01, 2026

Judge Christy Criswell Wiegand added. (rjr)

Jul 01, 2026

Order on Motion for Leave to Proceed In Forma Pauperis

#4

Jul 02, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 26-1262. (drc) (Entered: 07/02/2026)

#5

Jul 13, 2026

NOTICE of Appearance by Alyssa Angotti on behalf of TODD BLANCHE, BRIAN MCSHANE, MARKWAYNE MULLIN, LEONARD ODDO. (Angotti, Alyssa) (Entered: 07/13/2026)

#6

Jul 13, 2026

SCHEDULING ORDER: Response to Petition due 7/16/2026, Reply due 7/21/2026. Signed by Judge Christy Criswell Wiegand on 7/13/2026. 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: 07/13/2026)

#7

Jul 13, 2026

RESPONSE to 3 Petition for Writ of Habeas Corpus, filed by TODD BLANCHE, BRIAN MCSHANE, MARKWAYNE MULLIN, LEONARD ODDO. (Angotti, Alyssa) Document removed from view; filed at wrong case. Modified text on 7/13/2026. (tla) (Entered: 07/13/2026)

Jul 13, 2026

Order

#8

Jul 16, 2026

RESPONSE re 3 PETITION for Writ of Habeas Corpus filed by TODD BLANCHE, BRIAN MCSHANE, MARKWAYNE MULLIN, LEONARD ODDO. (Angotti, Alyssa) Modified text on 7/17/2026 to add linkage. (rjr) (Entered: 07/16/2026)

#9

Jul 17, 2026

ORDER GRANTING IN PART and DENYING IN PART 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. Petitioner, a noncitizen detained by Respondents at the 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). The Third Circuit has not yet ruled on this issue and there is a split among several Courts of Appeals. See Buenrostro-Mendez v. Bondi, 166 F.4th 494 (5th Cir. 2026) (noncitizens present in the United States who have not been admitted are "applicants for admission" subject to mandatory detention); see also Avila v. Bondi, 170 F.4th 1128 (8th Cir. 2026) (same); but see Barbosa da Cunha v. Freden, 175 F.4th 61, 69 (2d Cir. 2026) ("Section 1225(b)(2)(A) does not apply to such noncitizens[] who are present in the United States after entering the country without inspection and admission, and who were not apprehended while entering the country or shortly thereafter"); Quiroz v. Mullin, No. 26-6019, slip op. at 14 (10th Cir. June 30, 2026) (holding non-citizens arrested in the interior of the country are generally subject to discretionary detention); Lopez-Campos v. Raycraft, 175 F.4th 713, 722-26 (6th Cir. 2026) (same); Hernandez Alvarez v. Warden, Fed. Det. Ctr. Miami, 175 F.4th 1258, 1261-62 (11th Cir. 2026) (same); Castanon-Nava v. U.S. Dep't of Homeland Sec., 161 F.4th 1048, 1060-62 (7th Cir. 2025) (holding that the government is unlikely to succeed on the merits of its argument that § 1225(b) governs noncitizens already in the United States whom ICE detained in Chicago). This Court agrees with the United States Courts of Appeals for the Second, Sixth, and Eleventh Circuits. And 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 Petition for Writ of Habeas Corpus is 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 Petition is DENIED in all other respects. The Clerk of Court is directed to mark this case CLOSED. Signed by Judge Christy Criswell Wiegand on 7/17/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 07/17/2026)

#10

Jul 17, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No. 9). Signed by Judge Christy Criswell Wiegand on 7/17/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 07/17/2026)

Jul 17, 2026

Judgment (Rule 58)

Jul 17, 2026

Order Dismissing Case

Jul 17, 2026

CLERK'S NOTICE OF CORRECTION re 8 Response. ERROR: Document not linked. CORRECTION FOR FUTURE FILINGS: Filer advised to link filing to related document(s) in future filings. Clerk added link to appropriate document(s). THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (rjr)