Western District of Pennsylvania • 3:26-cv-01531

#1

Aug 07, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number 300001179), filed by JIMMY DUPITON. (Attachments: # 1 Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Civil Cover Sheet, # 6 Receipt, # 7 Envelope) (keh) (Entered: 08/07/2026)

Aug 07, 2026

Judge Stephanie L. Haines added. (keh)

#2

Aug 10, 2026

CASE MANAGEMENT ORDER: The Court orders as follows: 1. Service. The Court hereby notifies Petitioner that copies of this order and the Petition were emailed by the Court to the United States Attorney's Office for the Western District of Pennsylvania this day. This email service is deemed sufficient to accomplish formal service of the Petition on Respondents. 2. Respondents' counsel notice of appearances. Counsel for Respondents shall file a notice of appearance within 3 days of this date. 3. 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 Q. Li, 29 I. & N. Dec. 66 (BIA 2025) and Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025), and as more fully stated in said Case Management Order. Signed by Judge Stephanie L. Haines on 8/10/2026. (dlg) (Entered: 08/10/2026)

#3

Aug 11, 2026

NOTICE of Appearance by Carolyn J. Bloch on behalf of TODD BLANCHE, BRIAN MCSHANE, MARKWAYNE MULLIN, DAVID VENTURELLA, WARDEN, CALIFORNIA CITY ICE PROCESSING CENTER, WARDEN, MOSHANNON VALLEY PROCESSING CENTER. (Bloch, Carolyn) (Entered: 08/11/2026)

#4

Aug 14, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by TODD BLANCHE, BRIAN MCSHANE, MARKWAYNE MULLIN, DAVID VENTURELLA, WARDEN, CALIFORNIA CITY ICE PROCESSING CENTER, WARDEN, MOSHANNON VALLEY PROCESSING CENTER. (Bloch, Carolyn) Modified text on 8/17/2026. (cel) (Entered: 08/14/2026)

#5

Aug 26, 2026

ORDER - For the reasons stated by this Court in Calzado Diaz v. Noem, No. 3:25-cv-458, 2025 WL 3628480 (W.D. Pa. Dec. 15, 2025), vacated as moot, ECF No. 22 (Dec. 17, 2025) ("[T]he Court stresses that the general legal conclusion in the Court's Opinion at ECF No. 16 regarding the application of §§ 1225 and 1226 remain unchanged by this Memorandum Order."), it is hereby ORDERED as follows: 1) The Petition for Writ of Habeas Corpus, ECF No. 1, is GRANTED to the extent it seeks an individualized bond hearing before an immigration judge. 2) The Government is directed to provide Petitioner with the statutory process required under 8 U.S.C. § 1226(a), which includes a bond hearing. 3) The bond hearing shall include an individualized determination of whether Petitioner poses a danger to the community or a flight risk under the ordinary § 1226(a) framework. The immigration judge shall state the reasons for the custody determination orally on the record or in writing. If bond is denied, the immigration judge shall identify the principal facts and evidence relied upon in determining that Petitioner poses a danger to the community, a flight risk, or both. Nothing in this Order requires the immigration judge to reach any particular custody determination. 4) The Government shall arrange for an individualized bond hearing to be conducted by an immigration judge within 30 days of the issuance of this Order. 5) If Petitioner is not provided with a bond hearing within 30 days of the issuance of this Order, or if the immigration judge declines jurisdiction or denies eligibility for a bond hearing based on Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025), Matter of Q. Li, 29 I&N Dec. 66 (BIA 2025), or the statutory interpretation of Section 1225(b)(2) that this Court has rejected, Respondents shall immediately release Petitioner from custody. 6) If Petitioner is granted bond and the Government appeals the immigration judge's decision on the basis that Petitioner's detention is mandatory under 8 U.S.C. § 1225(b)(2), then, upon notification to this Court, the writ shall issue and Petitioner shall be automatically released from custody. 7) With no further action required by the Court at this time, the Clerk of Court shall mark this matter closed. Signed by Judge Stephanie L. Haines on 8/26/2026. (dlg) (Entered: 08/26/2026)

#6

Aug 26, 2026

JUDGMENT - It is hereby ORDERED, ADJUDGED AND DECREED that, pursuant to Rule 58 of the Federal Rules of Civil Procedure, FINAL JUDGMENT is entered in favor of Petitioner and against Respondents. Signed by Judge Stephanie L. Haines on 8/26/2026. (dlg) (Entered: 08/26/2026)