Western District of Pennsylvania • 3:26-cv-01417

#1

Jul 22, 2026

First PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9742753), filed by Everton Burke. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Order) (Wood, Andrew) (Entered: 07/22/2026)

#2

Jul 22, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 7/22/2026. (drc) (Entered: 07/22/2026)

Jul 22, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 1 Petition for Writ of Habeas Corpus. ERROR: Civil Cover Sheet is missing Petitioner/Plaintiff's name. CORRECTION: Filer to submit a complete civil cover sheet by using the Civil Cover Sheet event, linking it to the initial pleading. (ljs)

Jul 22, 2026

Judge Christy Criswell Wiegand added. (ljs)

#3

Jul 28, 2026

NOTICE of Appearance by Jonathan David Lusty on behalf of TODD BLANCHE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, MARKWAYNE MULLIN, LEONARD OTTO, MICHAEL T. ROSE. (Lusty, Jonathan) (Entered: 07/28/2026)

#4

Jul 28, 2026

SCHEDULING ORDER: Response to Petition due 8/05/2026; Reply due 8/10/2026. Signed by Judge Christy Criswell Wiegand on 7/28/2026. 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: 07/28/2026)

Jul 28, 2026

Order

#5

Jul 30, 2026

CERTIFICATE of Compliance by Andrew Eugene Wood on behalf of Everton Burke (Wood, Andrew) (Entered: 07/30/2026)

#6

Jul 31, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by TODD BLANCHE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, MARKWAYNE MULLIN, LEONARD OTTO, MICHAEL T. ROSE. (Lusty, Jonathan) (Entered: 07/31/2026)

#7

Aug 03, 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 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 thirty 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. 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 8/3/2026. Text-only entry; No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (map) (Entered: 08/03/2026)

#8

Aug 03, 2026

FINAL JUDGMENT entered consistent with 7 ORDER GRANTING IN PART and DENYING IN PART 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. Signed by Judge Christy Criswell Wiegand on 8/3/2026. Text-only entry; No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (map) (Entered: 08/03/2026)

Aug 03, 2026

Order

Aug 03, 2026

Judgment (Rule 58)