Western District of Pennsylvania • 3:26-cv-01377

Salas Gabino v. Mullin

Completed

Case Information

Filed: July 16, 2026
Assigned to: Mark Raymond Hornak
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Pretrial Detainee)
Completed: July 24, 2026
Last Activity: July 24, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 16, 2026
PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9729845), filed by Felipe Salas Gabino. (Attachments: # 1 Exhibit ICE Locator, # 2 Exhibit Interim Guidance, # 3 Affidavit of Jorge Artieda, # 4 Affidavit of Lawrence O. Burman, # 5 Exhibit BIA Regulations, # 6 Exhibit Practice Alert, # 7 Exhibit NPR, # 8 Exhibit NYT, # 9 Exhibit Politico, # 10 Civil Cover Sheet) (Moravec, Joseph) Modified text on 7/16/2026 to remove duplicate document descriptors. (ljs) (Entered: 07/16/2026)
Main Document: ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)
#2
Jul 16, 2026
MOTION for attorney Joseph Moravec to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9729846) by Felipe Salas Gabino. (Attachments: # 1 Affidavit of Joseph Moravec, # 2 Exhibit Certificate of Good Standing - New Jersey, # 3 Proposed Order) (Moravec, Joseph) Modified text on 7/16/2026 to remove duplicate document descriptors. (ljs) (Entered: 07/16/2026)
Main Document: Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
#3
Jul 16, 2026
ORDER GRANTING 2 Motion for Joseph Moravec to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 7/16/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 07/16/2026)
Jul 16, 2026
Judge Mark R. Hornak added. (ljs)
Jul 16, 2026
Order on Motion to Appear Pro Hac Vice
#4
Jul 17, 2026
CASE MANAGEMENT ORDER. IT IS HEREBY ORDERED 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 matter. If the Petition contains voluminous exhibits, they need not be emailed (Petitioner's counsel shall provide all such exhibits upon request of Respondents' counsel). 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' response to the petition. The Court has reviewed the petition and supporting materials, and finds that the threshold issue concerns whether Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226, or whether he is subject to mandatory detention under 8 U.S.C. § 1225 pursuant to the interpretation set forth in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). Based on its prior decisions on this issue (i.e., Aguirre-Guevara v. Oddo, et al., Case No. 3:26-cv-00070, ECF No. 8 (W.D. Pa. Feb. 11, 2026); Cova v. Rose, et al, Case No. 3:26-cv-00101, ECF No. 9 (W.D. Pa. Feb. 11, 2026); Radway v. Jamison, et al, Case No.3:26-cv-00104, ECF No. 9 (W.D. Pa. Feb. 19, 2026); Didi v. Warden of Moshannon Valley Ice Processing Center et al, Case No. 3:26-cv-00125, ECF No. 11 (W.D. Pa. Feb. 19, 2026); Coc Ixim v. Oddo et al, Case No. 3:26-cv-0019, ECF No. 10 (W.D. Pa. Feb. 19, 2026)), the Court tentatively intends to grant relief in the form of an individualized bond hearing before an immigration judge. If Respondents believe that there are factual or legal differences between this case and the other cases in which the Court has decided the issue, then they may file a response to the petition on or before 7 days, identifying those differences. Responses are limited to 25 pages, double-spaced. If Respondents' position is the same as in the prior cases in which this issue has been raised and decided by the Court, they shall simply state as much in the response, cite to any response or brief previously filed on the issue in this Court, and their positions shall be deemed to be incorporated by reference into the record. Signed by Judge Mark R. Hornak on 7/17/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 07/17/2026)
Jul 17, 2026
Order
#5
Jul 22, 2026
CERTIFICATE of Compliance re 4 Order, by Joseph Moravec on behalf of Felipe Salas Gabino (Moravec, Joseph) (Entered: 07/22/2026)
Main Document: CERTIFICATE
#6
Jul 23, 2026
NOTICE of Appearance by Raymond Stelzer on behalf of Todd Blanche, Markwayne Mullin, Leonard Oddo, John Rife. (Stelzer, Raymond) (Entered: 07/23/2026)
Main Document: NOTICE
#7
Jul 23, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus,,, filed by Todd Blanche, Markwayne Mullin, Leonard Oddo, John Rife. (Stelzer, Raymond) (Entered: 07/23/2026)
Main Document: RESPONSE
#8
Jul 24, 2026
Order
Main Document: Order

Parties

Mullin
Party
Salas Gabino
Party