Western District of Pennsylvania • 3:26-cv-01626

#1

Aug 19, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9815098), filed by FERNANDO TOT POP. (Attachments: # 1 Civil Cover Sheet) (Gibbs, Stephanie) (Entered: 08/19/2026)

#2

Aug 20, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 8/20/2026. (drc) (Entered: 08/20/2026)

#3

Aug 20, 2026

CERTIFICATE OF SERVICE by FERNANDO TOT POP re 2 Case Management Order (Attachments: # 1 Proof of Email Service) (Gibbs, Stephanie) (Entered: 08/20/2026)

Aug 20, 2026

Judge Christy Criswell Wiegand added. (bmh)

#4

Aug 24, 2026

NOTICE of Appearance by V. Joseph Sonson on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LEONARD ODDO, MICHAEL ROSE, DAVID J. VENTURELLA. (Sonson, V.) (Entered: 08/24/2026)

#5

Aug 27, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 9/3/2026; Reply due 9/8/2026. Signed by Judge Christy Criswell Wiegand on 8/27/2026. 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: 08/27/2026)

Aug 27, 2026

Order AND ~Util - Set Deadlines AND ~Util - Set Response

#6

Sep 01, 2026

MOTION for Extension of Time to File Response/Reply by TODD BLANCHE, MARKWAYNE MULLIN, LEONARD ODDO, MICHAEL ROSE, DAVID J. VENTURELLA. (Attachments: # 1 Proposed Order) (Sonson, V.) (Entered: 09/01/2026)

#7

Sep 02, 2026

ORDER GRANTING 6 Motion for Extension by RESPONDENTS. On 8/27/2026, the Court issued a scheduling order directing Respondents to respond to the Petition by 9/3/2026. See ECF No. 5. Now, in the 6 Motion, Respondents seek an extension of that deadline until 9/8/2026, averring that such extension is necessary to allow counsel sufficient time to digest the United States Court of Appeals for the Third Circuit's recent decision in Morocho v. Waden Philadelphia FDC, et al. No. 26-1150. The Court finds that good cause exists for the requested extension. Accordingly, IT IS HEREBY ORDERED that the 6 Motion is GRANTED and Respondents shall respond to the 1 Petition by 9/8/2026. Petitioner may file a reply brief by 9/13/2026. Signed by Judge Christy Criswell Wiegand on 9/2/2026. 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: 09/02/2026)

Sep 02, 2026

Order AND ~Util - Set Response

#8

Sep 08, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by TODD BLANCHE, MARKWAYNE MULLIN, LEONARD ODDO, MICHAEL ROSE, DAVID J. VENTURELLA. (Sonson, V.) (Entered: 09/08/2026)

#9

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 under 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)

#10

Sep 11, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No. 9). 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

Judgment

Sep 11, 2026

Order