Western District of Pennsylvania • 3:26-cv-01556

#1

Aug 12, 2026

First PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9794963), filed by LUIS ALBERTO CHACON CASTELLANOS. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration of Zabdi Salazar) (Haire, Stephanie) (Entered: 08/12/2026)

Aug 12, 2026

Judge Christy Criswell Wiegand added. (elt)

#2

Aug 14, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 8/14/2026. (drc) (Entered: 08/14/2026)

#3

Aug 17, 2026

CERTIFICATE of Compliance of Service by Stephanie Haire on behalf of LUIS ALBERTO CHACON CASTELLANOS (Haire, Stephanie) (Entered: 08/17/2026)

#4

Aug 19, 2026

NOTICE of Appearance by Robert C. Schupansky on behalf of TODD BLANCHE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, MARKWAYNE MULLIN, LEONARD ODDO, JOHN E. RIFE, U.S. DEPARTMENT OF HOMELAND SECURITY, DAVID VENTURELLA. (Schupansky, Robert) (Entered: 08/19/2026)

#5

Aug 20, 2026

SCHEDULING ORDER: Response to Petition due 8/31/2026; Reply due 9/08/2026. Signed by Judge Christy Criswell Wiegand on 8/20/2026. 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: 08/20/2026)

Aug 20, 2026

Order

#6

Aug 24, 2026

NOTICE of Appearance by Shira Wisotsky on behalf of LUIS ALBERTO CHACON CASTELLANOS. (Wisotsky, Shira) (Entered: 08/24/2026)

#7

Aug 24, 2026

Emergency MOTION for Preliminary Injunction or Bail by LUIS ALBERTO CHACON CASTELLANOS. (Attachments: # 1 Proposed Order) (Wisotsky, Shira) (Entered: 08/24/2026)

#8

Aug 24, 2026

BRIEF in Support re 7 Motion for Preliminary Injunction or Bail, seeking emergent relief for urgent medical condition filed by LUIS ALBERTO CHACON CASTELLANOS. (Attachments: # 1 Exhibit A - Dr. Grobstein Declaration, # 2 Exhibit B - Emails) (Wisotsky, Shira) (Entered: 08/24/2026)

#9

Aug 25, 2026

Emergency MOTION for Status Conference re 8 Brief in Support of Motion, filed by LUIS ALBERTO CHACON CASTELLANOS, 7 Emergency MOTION for Preliminary Injunction or Bail filed by LUIS ALBERTO CHACON CASTELLANOS by LUIS ALBERTO CHACON CASTELLANOS. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Wisotsky, Shira) (Entered: 08/25/2026)

#10

Aug 25, 2026

ORDER re 7 9 Emergency Motion for Status Conference. In the 7 and 9 Motions, Petitioner avers that he is at risk of severe medical harm due to diabetes and other conditions and requests immediate release for emergency medical care. IT IS HEREBY ORDERED that Respondents shall file a response by 8/27/2026. Signed by Judge Christy Criswell Wiegand on 8/25/2026. 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: 08/25/2026)

Aug 25, 2026

Order

#11

Aug 27, 2026

RESPONSE to Motion re 7 Emergency MOTION for Preliminary Injunction or Bail filed by TODD BLANCHE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, MARKWAYNE MULLIN, LEONARD ODDO, JOHN E. RIFE, U.S. DEPARTMENT OF HOMELAND SECURITY, DAVID VENTURELLA. (Schupansky, Robert) (Entered: 08/27/2026)

#12

Aug 28, 2026

MOTION for Leave to File Reply in Support of Motion for Emergent Relief by LUIS ALBERTO CHACON CASTELLANOS. (Attachments: # 1 Proposed Order) (Haire, Stephanie) (Entered: 08/28/2026)

#13

Aug 28, 2026

REPLY to Response to Motion re 12 Motion for Leave to File, 11 Response to Motion, filed by LUIS ALBERTO CHACON CASTELLANOS. (Attachments: # 1 Declaration of Luis Chacon Castellanos, # 2 Exhibit A, Second Letter of Dr. Grobstein, # 3 Exhibit B, Emails Between Counsel and MVPC Staff) (Haire, Stephanie) (Entered: 08/28/2026)

#15

Aug 31, 2026

Extension of Time to File Response/Reply

Aug 31, 2026

Order on Motion for Status Conference

Aug 31, 2026

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

Aug 31, 2026

Order on Motion for Preliminary Injunction

Aug 31, 2026

Order on Motion for Leave to File

#20

Sep 09, 2026

REPLY BRIEF re 19 Response to Petition for Writ of Habeas Corpus, filed by LUIS ALBERTO CHACON CASTELLANOS. (Attachments: # 1 Exhibit A, Third Dr. Grobstein Letter) (Haire, Stephanie) (Entered: 09/09/2026)

#21

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. 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)

#22

Sep 11, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No. 21). 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