Western District of Pennsylvania • 3:26-cv-01648

Pineda-Perez v. ODDO

Completed

Case Information

Filed: August 22, 2026
Assigned to: Christy Chriswell Wiegand
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Pretrial Detainee)
Completed: September 11, 2026
Last Activity: September 11, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 22, 2026
PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9822698), filed by Lucas Pineda-Perez. (Attachments: # 1 Civil Cover Sheet) (Allen, Roberto) (Entered: 08/22/2026)
Main Document: ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)
Aug 24, 2026
Judge Christy Criswell Wiegand added. (cel)
Aug 24, 2026
CLERK'S NOTICE OF CORRECTION. ERROR: Duplicate cases opened. CORRECTION FOR FUTURE FILINGS: Duplicate case 3:26-cv-1647 deleted. In the event of an error in the case opening process, filer is directed to contact the Clerk's Office. Filer is NOT to open successive case numbers. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (cww)
#2
Aug 27, 2026
CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 8/27/2026. (tmc) (Entered: 08/27/2026)
Main Document: Case Management Order
#3
Aug 27, 2026
CERTIFICATE OF SERVICE and Compliance by Lucas Pineda-Perez re 2 Case Management Order (Attachments: # 1 Copy of email sent for service) (Allen, Roberto) (Entered: 08/27/2026)
Main Document: CERTIFICATE
#4
Aug 28, 2026
NOTICE of Appearance by Morgan Amelia Camerlo on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LEONARD ODDO, JOHN RIFE, DAVID J. VENTURELLA. (Camerlo, Morgan) (Entered: 08/28/2026)
Main Document: NOTICE
#5
Sep 02, 2026
SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 9/10/2026; Reply due 9/15/2026. 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
#6
Sep 03, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by TODD BLANCHE, MARKWAYNE MULLIN, LEONARD ODDO, JOHN RIFE, DAVID J. VENTURELLA. (Camerlo, Morgan) (Entered: 09/03/2026)
Main Document: RESPONSE
#7
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 currently detained by Respondents at0 the 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)
#8
Sep 11, 2026
FINAL JUDGMENT entered consistent with the above order (ECF No. 7). 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