Western District of Pennsylvania • 3:26-cv-01940

#1

Oct 02, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9921751), filed by CARLOS MARQUEZ-RODRIGUEZ. (Attachments: # 1 Civil Cover Sheet) (Russell, Andrew) Hidden from public view. Errata filed at 3 . Modified text on 10/16/2026. (bjr) (Entered: 10/02/2026)

Oct 05, 2026

Judge Christy Criswell Wiegand presiding. (ert)

Oct 05, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 1 Petition for Writ of Habeas Corpus,.ERROR: Attorney signature does not comply with requirements.CORRECTION REQUIRED: Filer advised of signature requirements. Filer to resubmit the document using the Errata event. (ert)

#2

Oct 06, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 10/06/2026. (tmc) (Entered: 10/06/2026)

#3

Oct 15, 2026

Errata re 1 Petition for Writ of Habeas Corpus, Clerk's Request for Corrective Action, by CARLOS MARQUEZ-RODRIGUEZ. Reason for Correction: Signature. (Attachments: # 1 Civil Cover Sheet) (Romero, Custodio) (Entered: 10/15/2026)

#4

Oct 15, 2026

CERTIFICATE OF SERVICE by CARLOS MARQUEZ-RODRIGUEZ re 2 Case Management Order (Romero, Custodio) (Entered: 10/15/2026)

Oct 16, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 4 Certificate of Service.ERROR: Signature on document and filer do not match.CORRECTION REQUIRED: Filer advised of signature requirements. Filer to resubmit the document using the Errata event. (tla)

#5

Oct 26, 2026

NOTICE of Appearance by Hillary Weaver on behalf of TODD BLANCHE, MARKWAYNE MULLIN, DAVID VENTURELLA. (Weaver, Hillary) (Entered: 10/26/2026)

#6

Oct 27, 2026

SCHEDULING ORDER. Response to 1 Petition for Writ of Habeas Corpus due by 10/29/2026; Reply due 11/3/2026. Signed by Judge Christy Criswell Wiegand on 10/27/2026. 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: 10/27/2026)

Oct 27, 2026

Order

#7

Oct 28, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by TODD BLANCHE, MARKWAYNE MULLIN, DAVID VENTURELLA. (Attachments: # 1 Exhibit 1) (Weaver, Hillary) (Entered: 10/28/2026)

#8

Oct 29, 2026

ORDER DENYING 3 Petition. In the 3 Petition, Petitioner, a noncitizen detained by Respondents at Moshannon Valley Processing Center at the outset of this case, asks this Court to, inter alia, order Respondents to provide Petitioner an individualized bond hearing before an immigration judge under 8 U.S.C. § 1226(a). ECF No. 3 at 6-8. Respondents, in turn, argue that the 3 Petition should be denied because Petitioner has failed to fully exhaust available administrative remedies. ECF No. 7 at 2-5. The Court agrees with Respondents. Generally, failure to exhaust administrative remedies will preclude habeas review. See Moscato v. Fed. Bureau of Prisons, 98 F.3d 757, 760 (3d Cir. 1996) ("Federal prisoners are ordinarily required to exhaust their administrative remedies before petitioning for a writ of habeas corpus pursuant to § 2241."); Callwood v. Enos, 230 F.3d 627, 643 (3d Cir. 2000) ("Although there is no statutory exhaustion requirement attached to § 2241, we have consistently applied an exhaustion requirement to claims brought under § 2241."). In this context, administrative exhaustion is a prudential requirement, and so may be excused under limited circumstances, for example, where a petitioner has shown that it would be futile to pursue such administrative relief. See Gonzales v. Oddo, et al., 2026 WL 797423, *3 (W.D. Pa. March 23, 2026) (Kelly, M.J.). Administrative exhaustion may also be excused where the presented issues exclusively involve statutory construction. See Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012). Here, as both Respondents and Petitioner agree, Petitioner is detained under § 1226(a). ECF Nos. 3 at 7-8; 7 at 2. Accordingly, as Respondents agree, ECF No. 7 at 2-5, Petitioner has access to an individualized bond hearing before an immigration judge through administrative procedures under § 1226(a) and related regulations. See Contant v. Holder, 352 F. App'x 692, 695 (3d Cir. 2009) (collecting regulations). Petitioner has not alleged that they have requested an individualized bond hearing. Nor, on this record, has Petitioner shown that requesting an individualized bond hearing would be futile, given that Respondents agree that Petitioner is entitled to pursue that relief administratively. Thus, the Court concludes that Petitioner has failed to exhaust administrative remedies and that such failure is not excused for futility. And the Court further concludes that Petitioner has not identified any basis that justifies his immediate release. Accordingly, IT IS HEREBY ORDERED that the 3 Petition is DENIED without prejudice. Signed by Judge Christy Criswell Wiegand on 10/29/2026. 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: 10/29/2026)

#9

Oct 29, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No. 8). Signed by Judge Christy Criswell Wiegand on 10/29/2026. 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: 10/29/2026)

Oct 29, 2026

Order

Oct 29, 2026

Judgment