Western District of Pennsylvania • 3:26-cv-01680

#1

Aug 25, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9831061), filed by EDVIN RUBEN VASQUEZ PEREZ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - EOIR Case Information) (Swaintek-Green, Rebecca) (Entered: 08/25/2026)

Aug 26, 2026

Judge Nora Barry Fischer added. (ert)

#2

Aug 27, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 8/27/2026. (tmc) (Entered: 08/27/2026)

#3

Aug 27, 2026

CERTIFICATE of Compliance re 2 Case Management Order by Rebecca Swaintek-Green on behalf of EDVIN RUBEN VASQUEZ PEREZ (Swaintek-Green, Rebecca) (Entered: 08/27/2026)

Aug 27, 2026

Judge Nora Barry Fischer no longer assigned to case; assignment made in error. Judge Christy Criswell Wiegand added as related to case no. 3:26-cv-359 (tla)

#4

Aug 31, 2026

NOTICE of Appearance by Kristyn Fleming Novak on behalf of TODD BLANCHE, Field Office Director, Philadelphia Field Office, United States Immigration and Customs Enforcement, TODD LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. (Novak, Kristyn) (Entered: 08/31/2026)

#5

Sep 02, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 9/28/2026; Reply due 10/5/2026. 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 Deadlines

#6

Sep 08, 2026

AFFIDAVIT re 1 Petition for Writ of Habeas Corpus, by EDVIN RUBEN VASQUEZ PEREZ Affiant: EDVIN RUBEN VASQUEZ PEREZ. (Swaintek-Green, Rebecca) (Entered: 09/08/2026)

#7

Sep 28, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by TODD BLANCHE, Field Office Director, Philadelphia Field Office, United States Immigration and Customs Enforcement, TODD LYONS, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Novak, Kristyn) (Entered: 09/28/2026)

#8

Oct 01, 2026

ORDER DENYING 1 Second Petition for Habeas Corpus. Petitioner, a noncitizen detained at Moshannon Valley Correctional Center, has been in ICE custody since January 2026. ECF No. 1. In a previous petition, Vasquez Perez v. Oddo, No. 26-cv-359-CCW (W.D. Pa. 2026) (Wiegand, J.) ("Vasquez Perez I"), Petitioner argued, inter alia, that he was subject to discretionary detention under 8 U.S.C. § 1226(a) and entitled to a bond hearing before an immigration judge (IJ). The Court granted in part Petitioner's first petition on 3/13/2026, because it concluded that Petitioner was subject to discretionary detention pursuant to § 1226(a) and not mandatory detention under § 1225(b)(2) and therefore that he was entitled to a bond hearing. See Vasquez Perez I, ECF No. 10. Petitioner's bond hearing was held on 3/18/2026, and the immigration judge denied bond based on a finding of flight risk. Vasquez Perez I, ECF No. 12. Now, in a second 1 Petition, Petitioner requests immediate release from custody or, in the alternative, another bond hearing, arguing that his initial arrest by ICE violated the Fourth Amendment of the United States Constitution and that his ongoing detention has become unreasonably prolonged in violation of his due process rights. First, this Court lacks jurisdiction to consider Petitioner's Fourth Amendment Challenge to the lawfulness of his arrest. Pursuant to 8 U.S.C. § 1252, district courts lack jurisdiction to consider the lawfulness of "any action taken to remove an alien from the United States." Here, Petitioner's arrest by ICE was taken to effectuate Petitioner's removal from the United States. This Court thus lacks jurisdiction to consider Petitioners challenge to the constitutionality of his arrest, which must be raised in a petition for review with the Court of Appeals. See Sissoko v. Oddo, No. 26-cv-1081, 2026 WL 2349398, * 2 (W.D. Pa. Aug. 13, 2026) (Horan, J.) (federal district courts lack jurisdiction to consider Fourth Amendment challenge to constitutionality of noncitizen's arrest by ICE on habeas petition) (citing Khalil v. President, United States, 164 F.4th 259, 275-277 (3d Cir. 2026)). Next, the Court finds that the length of Petitioner's detention does not violate due process. When considering a due process challenge to the length of detention of a noncitizen who has received a bond hearing, the Court considers the length of detention since the time of the noncitizen's most recent bond hearing. See Ndungu v. Doll, No. 4:20-CV-2268, 2021 WL 1916700, at *5 (M.D. Pa. Apr. 9, 2021). Here, Petitioner received a bond hearing just over 6 months ago. See Vasquez Perez I, ECF No. 12. Six months of post-bond hearing detention is not unreasonably prolonged and does not violate Petitioner's due process rights. See Borbot v. Warden of Hudson Cty. Corr. Facility, 906 F.3d 274, 280 (detention of approximately eighteen months following bond hearing pursuant to 8 U.S.C. 1226(a) does not violate due process); Flores-Lopez v. Lowe, No. 1:21-CV-1839, 2021 WL 6134453, at *2 (M.D. Pa. Dec. 29, 2021) (Conner, J.) (detention of approximately nineteen months following bond hearing pursuant to 8 U.S.C. 1226(a) does not violate due process.); Ndungu 2021 WL 1916700, at *5 (Because Petitioner received a bond hearing approximately one month ago, he has received all the process he is due, and he is not entitled to relief based on the length of his detention.). Accordingly, IT IS HEREBY ORDERED that the 1 Second Petition for Habeas Corpus is DENIED. Signed by Judge Christy Criswell Wiegand on 10/01/2026. 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: 10/01/2026)

#9

Oct 01, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No. 8). Signed by Judge Christy Criswell Wiegand on 10/01/2026. 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: 10/01/2026)

Oct 01, 2026

Order

Oct 01, 2026

Judgment

#10

Oct 29, 2026

MOTION for Reconsideration re 8 Order,,,,,,,,,,,,,,, by EDVIN RUBEN VASQUEZ PEREZ. (Attachments: # 1 Proposed Order) (Swaintek-Green, Rebecca) (Entered: 10/29/2026)

#11

Oct 30, 2026

ORDER re 10 Motion for Reconsideration re 8 Order filed by EDVIN RUBEN VASQUEZ PEREZ. IT IS HEREBY ORDERED that Respondents shall file a response to Petitioner's 10 Motion on or before 11/5/2026. Signed by Judge Christy Criswell Wiegand on 10/30/2026. 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: 10/30/2026)

Oct 30, 2026

Order