Western District of Pennsylvania • 3:26-cv-01508

#1

Aug 04, 2026

LODGED First PETITION for Writ of Habeas Corpus Under 28 U.S.C § 2241 (Filing fee not received), filed by Orvin Diaz Velasquez. (Attachments: # 1 Civil Cover Sheet) (Ahmad, Anser) Modified text on 8/5/2026. (cel) (Entered: 08/04/2026)

#2

Aug 05, 2026

EXHIBITS A-C in Support of 1 Petition for Writ of Habeas Corpus, by Orvin Diaz Velasquez. (Ahmad, Anser) (Entered: 08/05/2026)

Aug 05, 2026

Judge Christy Criswell Wiegand added. (cel)

Aug 06, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 1 Petition for Writ of Habeas Corpus,. ERROR: Attorney did not pay the filing fee for the Petition for Writ of Habeas Corpus. CORRECTION: Attorney is to refile documents using the ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required) event and pay the $5 filing fee. (rjr)

#4

Aug 07, 2026

PETITION for Writ of Habeas Corpus Under 28 U.S.C § 2241 (Filing fee, including Administrative fee, $5, receipt number APAWDC-9785129), filed by Orvin Diaz Velasquez. (Attachments: # 1 Civil Cover Sheet) (Ahmad, Anser) Modified text on 8/10/2026. (cel) (Entered: 08/07/2026)

#5

Aug 07, 2026

First MOTION for attorney Anser Ahmad to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9785162) by Orvin Diaz Velasquez. (Attachments: # 1 Affidavit) (Ahmad, Anser) (Entered: 08/07/2026)

#6

Aug 10, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 8/10/2026. (drc) (Entered: 08/10/2026)

Aug 10, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 5 First MOTION for attorney Anser Ahmad to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9785162).ERROR: Filer did not attach a Proposed Order as required by LCvR 7.CORRECTION REQUIRED: Filer to submit a proposed order using the Proposed Order event. Filer is to link the Proposed Order to the relevant motion in the event. (cel)

#7

Aug 11, 2026

Proposed Order re 5 Motion to Appear Pro Hac Vice by Orvin Diaz Velasquez. (Ahmad, Anser) (Entered: 08/11/2026)

#8

Aug 11, 2026

ORDER granting 5 Motion for Anser Ahmad to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 8/11/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 08/11/2026)

Aug 11, 2026

Order on Motion to Appear Pro Hac Vice

#9

Aug 14, 2026

CERTIFICATE OF SERVICE by Orvin Diaz Velasquez (Ahmad, Anser) (Entered: 08/14/2026)

#10

Aug 18, 2026

NOTICE of Appearance by Jerome A. Moschetta on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LEONARD ODDO, Philadelphia Field Office. (Moschetta, Jerome) (Entered: 08/18/2026)

#11

Aug 18, 2026

SCHEDULING ORDER: Response to Petition due 8/28/2026; Reply due 9/2/2026. Signed by Judge Christy Criswell Wiegand on 8/18/2026. 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: 08/18/2026)

Aug 18, 2026

Order

#12

Aug 28, 2026

MOTION for Extension of Time to File Response/Reply as to 4 Petition for Writ of Habeas Corpus, by TODD BLANCHE, MARKWAYNE MULLIN, LEONARD ODDO, Philadelphia Field Office. (Attachments: # 1 Proposed Order) (Moschetta, Jerome) (Entered: 08/28/2026)

#13

Aug 31, 2026

ORDER GRANTING 12 Motion for Extension. On 8/18/2026, the Court ordered Respondents to respond to the Petition by 8/28/2026. See ECF No. 11. Now, in the 12 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 today 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 12 Motion is GRANTED and Respondents shall respond to the 4 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 on Motion for Extension of Time to File Response/Reply

#14

Sep 02, 2026

RESPONSE to 4 Petition for Writ of Habeas Corpus,, filed by TODD BLANCHE, MARKWAYNE MULLIN, LEONARD ODDO, Philadelphia Field Office. (Attachments: # 1 Exhibit, # 2 Exhibit) (Moschetta, Jerome) (Entered: 09/02/2026)

#15

Sep 11, 2026

ORDER GRANTING IN PART and DENYING IN PART 4 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. 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 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)

#16

Sep 11, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No. 15). 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

Sep 11, 2026

Judgment