Western District of Pennsylvania • 3:26-cv-01833

#1

Sep 16, 2026

Emergency PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9882765), filed by Tunahan Seymen. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit) (Kiran, Michael) (Entered: 09/16/2026)

Sep 17, 2026

Judge Mark R. Hornak added. (bjr)

#2

Sep 18, 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. Eldridge, 424 U.S. 319 (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 filing shall also address Petitioner's claim that he was detained in violation of the warrant requirement of § 1226(a). 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. Petitioner's counsel shall immediately serve Respondents with a copy of this Order and the Petition via a single e-mail at: usapaw.civ.imm.2241.moshannon@usdoj.gov. The subject line of the email shall contain the case caption and case number of this matter. If the Petition contains voluminous exhibits, they need not be emailed. The email service shall be deemed sufficient to accomplish formal service of the Petition. No other documents, pleadings, or motions may be emailed to this email address. Signed by Judge Mark R. Hornak on 9/18/26. 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: 09/18/2026)

#3

Sep 18, 2026

NOTICE of Appearance by Jerome A. Moschetta on behalf of MARKWAYNE MULLIN, WARDEN OF MOSHANNON VALLEY ICE PROCESSING CENTER. (Moschetta, Jerome) (Entered: 09/18/2026)

Sep 18, 2026

Order

#4

Sep 25, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 2 Order filed by MARKWAYNE MULLIN, WARDEN OF MOSHANNON VALLEY ICE PROCESSING CENTER. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Moschetta, Jerome) (Entered: 09/25/2026)

#5

Oct 15, 2026

ORDER TO SHOW CAUSE. In Respondents' 3 Response to the Court's Order to Show Cause, Respondents stated they would "make every effort" to comply with Petitioner's request for a bond hearing within the 21-day deadline set by the Court. That deadline passed on October 9, 2026, and Respondents have not promptly filed a notice of the date the hearing was held along with its outcome as required by the Court's Show Cause Order at ECF. No. 2. Respondents are therefore ORDERED to show cause through a filing on the docket by October 16, 2026, at 9:00 AM EDT explaining the delay in the filing of such notice, whether a bond hearing was held for Petitioner, and the date of such hearing. If such hearing has not been held, Respondents are ORDERED to show cause why the Court should not order Petitioner's immediate release. Signed by Judge Mark R. Hornak on 10/15/26. 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: 10/15/2026)

#6

Oct 15, 2026

NOTICE by MARKWAYNE MULLIN, WARDEN OF MOSHANNON VALLEY ICE PROCESSING CENTER (Attachments: # 1 Exhibit I-286, # 2 Exhibit Bond Hearing Notice) (Moschetta, Jerome) (Entered: 10/15/2026)

#7

Oct 15, 2026

REPLY BRIEF re 6 Notice and Request for Immediate Release filed by Tunahan Seymen. (Kiran, Michael) Modified text on 10/16/2026 to add link. (bjr) (Entered: 10/15/2026)

Oct 15, 2026

Order to Show Cause

#8

Oct 16, 2026

NOTICE RE BOND HEARING by MARKWAYNE MULLIN, WARDEN OF MOSHANNON VALLEY ICE PROCESSING CENTER (Moschetta, Jerome) (Entered: 10/16/2026)

#9

Oct 19, 2026

ORDER DIRECTING ADDITIONAL FILINGS. Respondents' 6 Response to Order to Show Cause stated that a bond hearing was scheduled for October 16, 2026, at 8:30 a.m. Respondents have filed 8 Notice that, at the request of Petitioner's counsel, the hearing was postponed to permit Petitioners counsel to confer with Petitioner. Separately, Petitioner has filed 7 Request for Immediate Release. Both parties are therefore ORDERED to file statements of position by Friday, October 23, at 9:00 A.M. EDT, addressing Petitioner's argument made in 7 Petitioner's Reply that counsel for Petitioner was not provided notice of the October 16, 2026, bond hearing until October 15, 2026, despite the fact that scheduling occurred on October 2, 2026. The statements of position should address the circumstancing surrounding the provision of notice or lack thereof, the due process implications of the notice provided and the resulting continuance of the hearing, and the remedy, if any, the circumstances justify. Signed by Judge Mark R. Hornak on 10/19/26. 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: 10/19/2026)

Oct 19, 2026

Order

#10

Oct 22, 2026

RESPONSE filed by MARKWAYNE MULLIN, WARDEN OF MOSHANNON VALLEY ICE PROCESSING CENTER. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Moschetta, Jerome) (Entered: 10/22/2026)

#11

Oct 23, 2026

BRIEF in Support of 9 Order,,,, filed by Tunahan Seymen. (Attachments: # 1 Declaration) (Kiran, Michael) (Entered: 10/23/2026)

#12

Oct 27, 2026

ORDER SCHEDULING VIDEO CONFERENCE WITH COUNSEL ONLY. A Video conference with counsel only is hereby SCHEDULED for 10/29/2026 at 11:00 AM before Judge Mark R. Hornak. At this conference counsel should be prepared to address the conflicting claims about whether and when counsel for Petitioner (both his habeas and immigration counsel) were served notice of or otherwise made aware of the bond hearing scheduled for October 16, 2026. At ECF No. 6-2, Respondents filed Notice indicating that on October 2, 2026, Petitioner was served notice of his bond hearing by mail c/o a custodial officer. However, in response to the Court's Order Directing Additional Filings, Respondents filed what appears to be an identical Notice, with the notable exception that it instead indicates Petitioner's attorney was electronically notified of the hearing on October 16, 2026, at ECF No. 10-2. Additionally, Petitioner's habeas counsel has filed a declaration from Petitioner's immigration counsel in which he declares that he did not receive notice of the bond hearing, electronically or otherwise, from DHS and was only made aware by Petitioner on October 13, 2026. Petitioner also contends that Respondents, contrary to an earlier filing in which they stated they would "immediately notify the Court" when a bond hearing was scheduled, (ECF No. 4, at 2), failed to do so. Respondents acknowledge that insufficient notice could invalidate or jeopardize the requirements of due process, but claim sufficient notice was provided in this case. ECF No. 10, at 4. It is possible that the Court may hold a hearing to determine whether counsel for Petitioner received adequate notice of the bond hearing, but will start with conducting the conference referenced in this Order. Counsel for Respondents, habeas counsel for Petitioner, and immigration counsel for Petitioner are required to attend this video conference. Counsel for Petitioner shall ensure Petitioner's immigration counsel is informed of this Order. The information required to participate will be circulated via e-mail. Signed by Judge Mark R. Hornak on 10/27/26. 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: 10/27/2026)

Oct 27, 2026

Order AND ~Util - Set Hearings

Oct 29, 2026

Order

#15

Nov 02, 2026

Order AND ~Util - Terminate Civil Case

Nov 04, 2026

Order