Western District of Pennsylvania • 3:26-cv-01269

#1

Jul 01, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9698233), filed by WILDER ALEXANDER ARIAS LARIOS. (Attachments: # 1 Exhibit ICE, Notice to Appear issued 06/22/2026, # 2 Exhibit ICE, Notice to EOIR: Alien Address issued 06/30/2026, # 3 Exhibit EOIR, Notice of Internet-Based Hearing for 07/22/2026, # 4 Exhibit EOIR, Notice of Internet-Based Hearing for 07/09/2026, # 5 Exhibit ICE Locator Results, accessed on 06/30/2026, # 6 Exhibit Declaration of Jorge E. Artieda dated 01/28/2026, # 7 Exhibit List of Exhibits, # 8 Proposed Order, # 9 Civil Cover Sheet JS-44) (Camilo, Jason) (Entered: 07/01/2026)

#2

Jul 01, 2026

MOTION for attorney Jason Scott Camilo to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9698244) by WILDER ALEXANDER ARIAS LARIOS. (Attachments: # 1 Affidavit of Counsel in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit Certificates of Good Standing, # 3 Proposed Order) (Camilo, Jason) (Entered: 07/01/2026)

#3

Jul 01, 2026

MOTION for Order to Show Cause by WILDER ALEXANDER ARIAS LARIOS. (Attachments: # 1 Proposed Order) (Camilo, Jason) (Entered: 07/01/2026)

Jul 01, 2026

Judge Christy Criswell Wiegand added. (jd)

#4

Jul 02, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 7/02/2026. (drc) (Entered: 07/02/2026)

#5

Jul 02, 2026

ORDER DENYING 3 Motion for Order To Show Cause. Petitioner requests an order requiring Respondents to show cause why his 1 Petition for Writ of Habeas Corpus should not be granted. ECF No. 3. Petitioner invokes 28 U.S.C. § 2243, which provides that "[a] court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto." Section 2243 further provides that "[t]he writ, or order to show cause... shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed." Courts within this Circuit have found that Rule 4 of the Rules Governing Section 2254 and Section 2255 Proceedings ("Habeas Rules"), applicable to § 2241 cases through Rule 1(b) of the Habeas Rules, provides more flexible time limits for ordering an answer and supersedes the time limits of § 2243 to the extent there is a conflict. See Alvierez v. Bondi et al., No. 26-532 (JXN), 2026 WL 146013, *1 (D.N.J. Jan. 20, 2026) (collecting cases). This Court agrees. The Court will issue a scheduling order setting forth a deadline for Petitioner to serve Respondents with the 1 Petition and further setting forth a deadline for Respondents to file a response to the 1 Petition. Accordingly, IT IS HEREBY ORDERED that the 3 Motion for Order to Show Cause is DENIED. Signed by Judge Christy Criswell Wiegand on 7/02/2026. 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: 07/02/2026)

Jul 02, 2026

Order on Motion to Show Cause

Jul 02, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 3 MOTION for Order to Show Cause, 2 MOTION for attorney Jason Scott Camilo to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9698244). ERROR: CASE NUMBER MISSING ON ALL DOCUMENTS. CORRECTION: Filer is directed to file the DOCUMENTS with a CASE NUMBERS using the ERRATA EVENT. ***PLEASE BE SURE TO USE THE ERRATA EVEN IN ORDER TO AVOID BEING CHARGED FOR A SECOND TIME*** (jd)

#6

Jul 03, 2026

Errata re Clerk's Request for Corrective Action,, by WILDER ALEXANDER ARIAS LARIOS. Reason for Correction: Lack of Case Numbers on Filings. (Attachments: # 1 Exhibit Corrected Exhibits in Support of Motion for Pro Hac Vice Admission, # 2 Affidavit Corrected Affidavit in Support of Motion for Pro Hac Vice Admission, # 3 Proposed Order Corrected Proposed Order in Support of Motion for Pro Hac Vice Admission, # 4 Proposed Order Corrected, # 5 Proposed Order Corrected Motion to Show Cause) (Camilo, Jason) (Entered: 07/03/2026)

#7

Jul 03, 2026

CERTIFICATE of Compliance re 4 Case Management Order by Jason Scott Camilo on behalf of WILDER ALEXANDER ARIAS LARIOS (Attachments: # 1 Exhibit Proof of Service) (Camilo, Jason) (Entered: 07/03/2026)

#8

Jul 06, 2026

ORDER granting 2 Motion for Jason Scott Camilo to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 7/06/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 07/06/2026)

#9

Jul 06, 2026

NOTICE of Appearance by Jonathan David Lusty on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LEONARD ODDO, DAVID VENTURELLA. (Lusty, Jonathan) (Entered: 07/06/2026)

Jul 06, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 7 Certificate of Compliance. ERROR: Attorney signature does not comply with requirements, specifically missing all contact information; no email address, mailing address, phone number or BAR ID. CORRECTION: Attorney directed to comply with all requirements of LCvR 5.2(B) in all future filings. (jd)

Jul 06, 2026

Order on Motion to Appear Pro Hac Vice

Jul 06, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 6 Errata. ERROR:Filer attached all corrections in one filing CORRECTION:IN THE FUTURE< FILER MUST FILE EACH CORRECTED DOCUMENT (WITH ATTACHMENTS) SEPARATELY AND LINKING TO THE DOCUMENT IN ERROR NO ACTION REQUIRED SINCE THESE HAVE ALL BEEEN RULED ON (jd)

#10

Jul 07, 2026

SCHEDULING ORDER: Response to Petition due 7/09/2026, Reply due 7/14/2026. Signed by Judge Christy Criswell Wiegand on 7/07/2026. 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: 07/07/2026)

#11

Jul 07, 2026

Errata re 7 Certificate of Compliance by WILDER ALEXANDER ARIAS LARIOS. Reason for Correction: Missing info on Atty signature. (Camilo, Jason) (Entered: 07/07/2026)

Jul 07, 2026

Order

#12

Jul 08, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,,, filed by TODD BLANCHE, MARKWAYNE MULLIN, LEONARD ODDO, DAVID VENTURELLA. (Lusty, Jonathan) (Entered: 07/08/2026)

#13

Jul 09, 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 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 BIAs 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. In particular, for the reasons set forth in this Court's prior decisions, the Court DENIES Petitioner's request for costs and attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) because Respondents' position, while incorrect, was substantially justified. See Orellana Rivas v. Oddo et al., No. 3:26-cv-246-CCW, ECF No. 14 (W.D. Pa. Mar. 10, 2026) (Wiegand, J.). The Clerk of Court is directed to mark this case CLOSED. Signed by Judge Christy Criswell Wiegand on 7/09/2026. 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: 07/09/2026)

#14

Jul 09, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No. 13). Signed by Judge Christy Criswell Wiegand on 7/09/2026. 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: 07/09/2026)

Jul 09, 2026

Order Dismissing Case

Jul 09, 2026

Judgment (Rule 58)