Western District of Pennsylvania • 3:26-cv-01741

#1

Sep 03, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number 300001239), filed by ROBERTO CHICAS MARQUEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Order, # 3 Declaration, # 4 Exhibit Index, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Receipt, # 10 Envelope) (keh) (Entered: 09/04/2026)

#2

Sep 03, 2026

BRIEF in Support of 1 Petition for Writ of Habeas Corpus, filed by ROBERTO CHICAS MARQUEZ. (Attachments: # 1 Envelope) (keh) (Entered: 09/04/2026)

Sep 03, 2026

Judge Mark R. Hornak added. (keh)

#3

Sep 15, 2026

ORDER DIRECTING RESPONDENTS TO SHOW CAUSE WHY THE PETITION FOR WRIT OF HABEAS CORPUS SHOULD NOT BE GRANTED AND RELEASE ORDER ENTERED, DIRECTING THE ENTRY OF APPEARANCE FOR RESPONDENTS, DIRECTING SERVICE BY PETITIONER, DIRECTING FURTHER PROCEEDINGS AND FILINGS, AND ADDRESSING OTHER REQUESTS FOR RELIEF. The United States Court of Appeals for the Third Circuit has held that the detention of certain noncitizens already present in the United States is generally governed by 8 U.S.C. § 1226(a), which requires a bond hearing, and that detention of noncitizens under § 1226(a) without a bond hearing before a neutral decisionmaker violates the Due Process Clause of the United States Constitution. Buele Morocho v. Warden Philadelphia FDC, 2026 WL 2546223 (3d Cir. Aug. 28, 2026). See generally Zadvydas v. Davis, 533 U.S. 678 (2001); Mathews v. Diaz, 426 U.S. 67 (1976). After a careful review of Petitioner's Petition for a Writ of Habeas Corpus (and annexed documents or materials) along with the other papers of record, this Court preliminarily concludes that it appears that Petitioner's Petition is governed by the principles set out in the above-referenced cases and is well-taken in that the Petitioner has to date been detained without being provided with such a bond hearing as is required by law. Counsel for Respondents shall file a notice of appearance within 3 days of this Order. Respondents are ORDERED to SHOW CAUSE by a filing on the docket of this Court within 7 days of the date of this Order demonstrating good cause as to why the Court should not grant the Petition and order Petitioner's immediate release from detention, unless in such filing the Respondents also confirm that within 21 days of the date of this Order, Respondents will provide Petitioner with a constitutionally compliant bond hearing as set out above. Respondents shall thereafter file on the docket a prompt notice of the date such hearing was held along with its outcome. To the extent that the filings of the Petitioner seek the award of counsel fees/costs pursuant to the Equal Access to Justice Act ("EAJA") or other provisions of law, the Respondents shall also set forth a statement of position as to such requested relief within 14 days of the date of this Order. To the extent that the filings of the Petitioner seek the entry of a temporary restraining order directing release or a bond hearing, such request is DENIED without prejudice in light of the matters set forth in this Order. 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. Signed by Judge Mark R. Hornak on 9/15/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 09/15/2026)

#4

Sep 15, 2026

Remark: On this date, a copy of the Order at ECF No. 3 was mailed to the following: ROBERTO CHICAS MARQUEZ, A222564711, MOSHANNON VALLEY PROCESSING CENTER, LEGAL MAIL - Open in Presence of Detainee, 555 GEO DRIVE, PHILIPSBURG, PA 16866. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 09/15/2026)

Sep 15, 2026

Order to Show Cause

#5

Sep 25, 2026

Remark: On this date, copies of ECF Nos. 1, 2, and 3 were emailed to the following: usapaw.civ.imm.2241.moshannon@usdoj.gov. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 09/25/2026)

#6

Sep 28, 2026

MOTION for Prompt Ruling and Immediate Release by ROBERTO CHICAS MARQUEZ. (Attachments: # 1 Proposed Order, # 2 Cover Letter, # 3 Envelope) (keh) (Entered: 09/28/2026)

Sep 28, 2026

w/ 6 NOTICE of Respondents' Failure to Comply with the Court's 9/15/26 Order by ROBERTO CHICAS MARQUEZ re 6 Motion for Prompt Ruling and Immediate Release (keh)

#7

Sep 29, 2026

NOTICE of Appearance by Kerianne Nagy on behalf of LEONARD ODDO. (Nagy, Kerianne) (Entered: 09/29/2026)

#8

Oct 01, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 3 Order to Show Cause, filed by LEONARD ODDO. (Attachments: # 1 Exhibit 1) (Nagy, Kerianne) (Entered: 10/01/2026)

#9

Oct 07, 2026

NOTICE of Results of Bond Hearing by LEONARD ODDO re 3 Order to Show Cause,,,,,,,,,,,, (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Nagy, Kerianne) (Entered: 10/07/2026)

#10

Oct 22, 2026

MEMORANDUM ORDER DISMISSING PETITION FOR HABEAS CORPUS WITHOUT PREJUDICE AND DISMISSING MOTION FOR PROMPOT RULING AS MOOT. IT IS HEREBY ORDERED that the Petition (ECF No. 1 ) is DISMISSED WITHOUT PREJUDICE and the Motion for Prompt Ruling (ECF No. 6 ) is DISMISSED as moot. The Clerk will close the case on the docket without prejudice, and the Court retains jurisdiction over the action and the parties pending further proceedings, as may be appropriate, including interpretation or enforcement of its Orders. Signed by Judge Mark R. Hornak on 10/22/26. (bdb) (Entered: 10/22/2026)

#11

Oct 23, 2026

Remark: ECF No. 10 mailed to ROBERTO CHICAS MARQUEZ, A222564711 MOSHANNON VALLEY PROCESSING CENTER, LEGAL MAIL - Open in Presence of Detainee, 555 GEO DRIVE, PHILIPSBURG, PA 16866.Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 10/23/2026)