Western District of Pennsylvania • 3:26-cv-01440

#1

Jul 27, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5) Receipt Number: 200020303, filed by LUIS ALEXANDER RANGEL. (Attachments: # 1 1, # 2 2, # 3 3, # 4 4, # 5 5, # 6 6, # 7 7, # 8 8, # 9 9, # 10 10, # 11 11, # 12 12, # 13 13, # 14 receipt, # 15 Envelope) (ert) (Entered: 07/28/2026)

Jul 27, 2026

Judge Christy Criswell Wiegand added. (ert)

Jul 27, 2026

Add and Terminate Judges

#2

Jul 29, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 7/29/2026. (drc) (Entered: 07/29/2026)

#3

Aug 03, 2026

NOTICE of Appearance by Jerome A. Moschetta on behalf of WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. (Moschetta, Jerome) (Entered: 08/03/2026)

#4

Aug 04, 2026

SCHEDULING ORDER: Response to Petition due 8/28/2026; Reply due 9/8/2026. Signed by Judge Christy Criswell Wiegand on 8/4/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jcs) (Entered: 08/04/2026)

Aug 04, 2026

Order

#5

Aug 28, 2026

MOTION for Extension of Time to File Response/Reply as to 1 Petition for Writ of Habeas Corpus, by WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. (Attachments: # 1 Proposed Order) (Moschetta, Jerome) (Entered: 08/28/2026)

#6

Aug 31, 2026

ORDER GRANTING 5 Motion for Extension. On 8/4/2026, the Court ordered Respondents to respond to the Petition by 8/28/2026. See ECF No. 4. Now, in the 5 Motion, Respondents ask for an extension of that deadline until 9/2/2026, averring that additional time is needed to prepare a fulsome and informed response in light of the United States Court of Appeals for the Third Circuit's decision in Morocho v. Warden et al., No. 26-1150 (3d Cir. Aug. 28, 2026). The Court finds that good causes exists for the requested extension. Accordingly, IT IS HEREBY ORDERED that the 5 Motion is GRANTED and Respondents shall respond to the 1 Petition by 9/2/2026. Signed by Judge Christy Criswell Wiegand on 8/31/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tmc) (Entered: 08/31/2026)

Aug 31, 2026

Order AND ~Util - Set Response AND ~Util - Terminate Motions

#7

Sep 02, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. (Attachments: # 1 Exhibit, # 2 Exhibit) (Moschetta, Jerome) (Entered: 09/02/2026)

#8

Sep 08, 2026

MOTION for Extension of Time to File Reply as to 7 Response to Petition for Writ of Habeas Corpus by LUIS ALEXANDER RANGEL. (Attachments: # 1 Envelope) (keh) (Entered: 09/08/2026)

#9

Sep 09, 2026

BRIEF in Support of 1 Petition for Writ of Habeas Corpus and Reply to 7, filed by LUIS ALEXANDER RANGEL. (Attachments: # 1 Index, # 2 Exhibits, # 3 Envelope) (ert) (Entered: 09/09/2026)

#10

Sep 11, 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). On 8/28/2026, The United States Court of Appeals for the Third Circuit issued its decision in Buele Morocho v. Warden Philadelphia FDC, No. 26-1150, 2026 WL 2546223, at *8 (Aug. 28, 2026). In Buele Morocho, the Third Circuit held that § 1225(b)(2)(A) only applies to noncitizens "detained at the border" and that "detention without bond of noncitizens who have lived in the United States for extended periods of time with no criminal records violates due process." Id. at 9. In light of Buele Morocho, the Court concludes that Petitioner is subject to discretionary detention pursuant to § 1226(a) and is therefore entitled to a bond hearing. The Court also concludes that Petitioner is not required to exhaust administrative remedies as doing so would be futile. 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. The Clerk of Court is directed to mark this case CLOSED. Signed by Judge Christy Criswell Wiegand on 9/11/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tmc) (Entered: 09/11/2026)

#11

Sep 11, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No. 10). Signed by Judge Christy Criswell Wiegand on 9/11/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tmc) (Entered: 09/11/2026)

#12

Sep 11, 2026

ORDER DENYING 8 Motion for Extension as MOOT. In light of the Court's Order granting in part the Petition, see ECF No. 10, IT IS HEREBY ORDERED that Petitioner's 8 Motion for Extension is DENIED as MOOT. Signed by Judge Christy Criswell Wiegand on 9/11/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tmc) (Entered: 09/11/2026)

Sep 11, 2026

Order on Motion for Extension of Time to File Response/Reply

Sep 11, 2026

Order

Sep 11, 2026

Judgment

#13

Oct 09, 2026

MOTION to Enforce 10 ORDER, MOTION for Immediate Release by LUIS ALEXANDER RANGEL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Envelope) (rjr) (Entered: 10/09/2026)

#14

Oct 13, 2026

Order re: 13 MOTION to Enforce 10 ORDER, MOTION for Immediate Release by LUIS ALEXANDER RANGEL. IT IS HEREBY ORDERED THAT Respondents shall file their response on or before 10/16/2026. Signed by Judge Christy Criswell Wiegand on 10/13/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tmc) (Entered: 10/13/2026)

Oct 13, 2026

Order

#15

Oct 16, 2026

MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Enforce 10 ORDER MOTION for Immediate Release by WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. (Attachments: # 1 Proposed Order) (Moschetta, Jerome) (Entered: 10/16/2026)

#16

Oct 19, 2026

ORDER GRANTING 15 MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Enforce. Respondents shall file their response to Petitioner's 13 MOTION to Enforce on or before 10/20/2026. Signed by Judge Christy Criswell Wiegand on 10/19/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tmc) (Entered: 10/19/2026)

Oct 19, 2026

Order on Motion for Extension of Time to File Response/Reply

#17

Oct 20, 2026

RESPONSE to Motion re 13 MOTION to Enforce 10 ORDER MOTION for Immediate Release filed by WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Moschetta, Jerome) (Entered: 10/20/2026)

#18

Oct 22, 2026

ORDER DENYING 13 Motion to Enforce filed by Petitioner. On 9/11/2026, the Court issued an 10 Order directing Respondents to provide Petitioner with an individualized bond hearing before an immigration judge ("IJ"). Petitioner now moves to enforce the Court's order, asserting that instead of conducting a bond hearing in response to the Court's 10 Order, the IJ improperly adopted findings from an earlier bond hearing it had conducted in July 2026, at which it denied Petitioner bond. In its 17 Response to the Motion to Enforce, the Government confirmed that Petitioner received a bond hearing before an IJ on 7/6/2026 and was denied bond. See ECF No. 17-2. The United States further confirmed that on 9/25/2026, in response to the Court's 10 Order, the same IJ from Petitioner's 7/6/2026 bond hearing issued a redetermination incorporating findings from the 7/6/2026 hearing and found Petitioner ineligible for another bond hearing. See ECF No. 17-1. Petitioner now asserts that the 7/6/2026 bond hearing and 9/25/2026 redetermination did not comply with the Court's 10 Order for an individualized bond hearing and violated his due process rights, warranting immediate release from custody. Federal courts "lack jurisdiction to review any discretionary determinations underlying the IJ's bond decision," and may only "review whether the bond hearing was fundamentally unfair" such that it violates the detainee's due process rights. Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022); see also Quinteros v. Warden Pike Cnty. Corr. Facility, 784 F. Appx 75, 78 (3d Cir. 2019). The United States Court of Appeals for the Third Circuit has advised that a bond hearing under 8 U.S.C. § 1226 is "fundamentally fair," and thus satisfies due process, if three essential elements are present: (1) factfinding based on a record produced before the decisionmaker and disclosed to the detainee; (2) the detainee is allowed to make arguments on his or her behalf; and (3) the IJ makes an individualized determination of the detainee's interests. Ghanem, 2022 WL 574624 at *2; see also Quinteros, 784 F. App'x at 78. Accordingly, this Court's review of the bond hearing is limited to considering whether the hearing was fundamentally fair under Ghanem. After reviewing the audio recording of the 7/6/2026 hearing, the Court is satisfied that that the hearing was fundamentally fair. First, the IJ's factfinding was based on a record produced before the IJ and disclosed to Petitioner. Second, the IJ gave Petitioner's counsel the opportunity to present arguments. Finally, the IJ made an individualized determination of Petitioner's interests. The bond hearing had each of the essential elements of a fundamentally fair bond hearing and complied with Petitioner's due process rights. Accordingly, IT IS HEREBY ORDERED that Petitioner's 13 Motion to Enforce is DENIED. Signed by Judge Christy Criswell Wiegand on 10/22/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tmc) (Entered: 10/22/2026)

Oct 22, 2026

Order on Motion for Miscellaneous Relief AND Order on Motion to Enforce