Western District of Pennsylvania • 3:26-cv-01917

#1

Sep 29, 2026

PETITION for Writ of Habeas Corpus (), filed by Asnaldo Jose MARCANO VARGAS. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Ex. 1 - ICE Memo, # 3 Exhibit Ex. 2 - Romero-Nolasco, # 4 Exhibit Ex. 3 - Soto-Medina) (Pierce, Brittany) (Entered: 09/29/2026)

#2

Sep 29, 2026

Filing fee: $5, receipt number 300001285 (ljs) (Entered: 09/29/2026)

Sep 29, 2026

Judge Christy Criswell Wiegand presiding. (ljs)

#3

Oct 01, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 10/01/2026. (tmc) (Entered: 10/01/2026)

#4

Oct 01, 2026

CERTIFICATE of Compliance re 3 Case Management Order by Brittany Sophrone Pierce on behalf of Asnaldo Jose MARCANO VARGAS (Pierce, Brittany) (Entered: 10/01/2026)

#5

Oct 05, 2026

NOTICE of Appearance by Caden Meier on behalf of TODD BLANCHE, MARKWAYNE MULLIN, MICHAEL ROSE, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. (Meier, Caden) (Entered: 10/05/2026)

#6

Oct 06, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 10/15/2026; Reply due 10/20/2026. Signed by Judge Christy Criswell Wiegand on 10/06/2026. 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: 10/06/2026)

Oct 06, 2026

Order

#7

Oct 15, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by TODD BLANCHE, MARKWAYNE MULLIN, MICHAEL ROSE, WARDEN MOSHANNON VALLEY ICE PROCESSING CENTER. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Meier, Caden) (Entered: 10/15/2026)

#8

Oct 19, 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 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. 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 any motion for costs and fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d) shall be filed within ten days of this Order. 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 10/19/2026. 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: 10/19/2026)

#9

Oct 19, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No. 8). Signed by Judge Christy Criswell Wiegand on 10/19/2026. 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: 10/19/2026)

Oct 19, 2026

Order

Oct 19, 2026

Judgment