Western District of Pennsylvania • 3:25-cv-00559

#1

Dec 23, 2025

PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-9266366), filed by Agustin Gonzalez Arevala. (Attachments: # 1 Civil Cover Sheet) (He, Yue) (Entered: 12/23/2025)

#2

Dec 23, 2025

MOTION for attorney Yue He to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9266395) by Agustin Gonzalez Arevala. (Attachments: # 1 Affidavit, # 2 Proposed Order) (He, Yue) (Entered: 12/23/2025)

Dec 29, 2025

Magistrate Judge Keith A. Pesto added. (jd)

#3

Jan 09, 2026

ORDER granting 2 Motion for Attorney Yue He to Appear Pro Hac Vice. Signed by Magistrate Judge Keith A. Pesto on 1/9/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bgs) (Entered: 01/09/2026)

#4

Jan 09, 2026

RULE and ORDER directing the Marshal to make service of the petition and this Rule and Order on the respondents and the United States Attorney for the Western District of Pennsylvania, costs to be advanced by the petitioner. Within sixty days of service, respondent, through the United States Attorney for the Western District of Pennsylvania, shall file a response to the allegations in the petition for the writ of habeas corpus, showing cause, if any, why the writ should not be granted. Signed by Magistrate Judge Keith A. Pesto on 1/9/2026. (bgs) (Entered: 01/09/2026)

Jan 09, 2026

Order on Motion to Appear Pro Hac Vice

#5

Feb 02, 2026

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by Agustin Gonzalez Arevala. (He, Yue) (Entered: 02/02/2026)

#6

Feb 20, 2026

NOTICE of Appearance by Adam N. Hallowell on behalf of PAMELA JO BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO, U.S. DEPARTMENT OF HOMELAND SECURITY. (Hallowell, Adam) (Entered: 02/20/2026)

#7

Feb 20, 2026

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by PAMELA JO BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO, U.S. DEPARTMENT OF HOMELAND SECURITY. (Hallowell, Adam) (Entered: 02/20/2026)

Mar 12, 2026

Case Reassigned to Chief Magistrate Judge Richard A. Lanzillo. Magistrate Judge Keith A. Pesto no longer with the court. (sms)

#8

Mar 18, 2026

ORDER Response/Briefing Schedule re 1 Petition for Writ of Habeas Corpus. Respondents shall file any responses or answers to the Petition by the date specified by Judge Keith Pesto or within 14 days of the date of this order, whichever is earliest. Signed by Chief Magistrate Judge Richard A. Lanzillo on 3/18/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dlh) (Entered: 03/18/2026)

Mar 18, 2026

Order Response/Briefing Schedule

#9

Apr 01, 2026

MOTION to Dismiss for Lack of Jurisdiction re 1 Petition for Writ of Habeas Corpus by PAMELA JO BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Hallowell, Adam) (Entered: 04/01/2026)

#10

Apr 03, 2026

RESPONSE IN OPPOSITION to 9 Motion to Dismiss/Lack of Jurisdiction,, filed by Agustin Gonzalez Arevala. (He, Yue) (Entered: 04/03/2026)

#11

May 01, 2026

MOTION to Expedite Consideration of Petition for Writ of Habeas Corpus by Agustin Gonzalez Arevala. (Attachments: # 1 Exhibit A) (He, Yue) (Entered: 05/01/2026)

#12

May 01, 2026

Remark: USM forms received, No Answer deadline set due to Response filed at Entry 10 (jd) (Entered: 05/07/2026)

#13

Jun 10, 2026

ORDER. The Court has an independent obligation to consider whether a case or controversy remains justiciable under Article III, and the removal or release of a detained alien may moot a challenge to the lawfulness or duration of that detention. See Spencer v. Kemna, 523 U.S. 1, 7 (1998); Chong v. District Director, INS, 264 F.3d 378, 383-84 (3d Cir. 2001). Further, the Court is aware that immigration detention cases often present rapidly evolving circumstances, including administrative developments, transfers, releases, and removals that may occur with little advance notice and may directly bear on whether a pending habeas petition remains justiciable. Thus, to ensure the Court is timely informed of any such developments, it is hereby ORDERED that counsel for each party has an continuing obligation to promptly notify the Court of any change in Petitioner's immigration status or custodial circumstances, including but not limited to: (1) Petitioner's release from immigration detention, whether on supervision, bond, or otherwise; (2) Petitioner's removal or deportation from the United States; (3) any administrative decision or action that materially alters the basis for Petitioner's continued detention; or (4) any other development that counsel reasonably believes may render this matter moot or otherwise affect the Courts jurisdiction. Any such notification may be made by filing a written status report. Signed by Chief Magistrate Judge Richard A. Lanzillo on June 10, 2026. Text-only entry; no PDF document will be issued. This text-only entry constitutes the Order of the Court or Notice on the matter. (jbh) (Entered: 06/10/2026)

Jun 10, 2026

Order

#14

Aug 19, 2026

NOTICE of Substitution of Attorney Appearance by Michael Leo Ivory on behalf of PAMELA JO BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO, U.S. DEPARTMENT OF HOMELAND SECURITY. Attorney Adam N. Hallowell terminated. (Ivory, Michael) (Entered: 08/19/2026)

#15

Sep 23, 2026

REPORT AND RECOMMENDATION re 9 MOTION to Dismiss for Lack of Jurisdiction re 1 Petition for Writ of Habeas Corpus filed by BRIAN MCSHANE, LEONARD ODDO, KRISTI NOEM, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, PAMELA JO BONDI, U.S. DEPARTMENT OF HOMELAND SECURITY. It is respectfully recommended that Respondents' Motion to Dismiss the Petition for Writ of Habeas Corpus as Moot be denied. It is further recommended that Respondents be directed to file a Response to the Petition (ECF No. 1 ) within seven days of any order adopting this Report and Recommendation. Objections to R&R due by 10/7/2026. Signed by Chief Magistrate Judge Richard A. Lanzillo on 9/23/2026. (dlh) (Entered: 09/23/2026)

Sep 23, 2026

Judge Stephanie L. Haines added. District Judge Stephanie L. Haines presiding and Chief Magistrate Judge Richard A. Lanzillo referred. Motions referred to Richard A. Lanzillo. (dlh)

#16

Oct 13, 2026

MEMORANDUM ORDER - IT IS ORDERED that Motion to Dismiss (ECF No. 9 ) be DENIED; and, IT IS FURTHER ORDERED that Magistrate Judge Lanzillo's Report and Recommendation (ECF No. 15 ) is adopted as the Opinion of the Court; and, IT IS FURTHER ORDERED that Respondents are to file a response to the Petition within seven (7) days and state any factual or legal grounds they believe exist to distinguish this case from the United States Court of Appeals for the Third Circuit's precedential decision in Buele Morocho v. Warden Philadelphia FDC, Nos. 26-1150, 26-1454, 2026 WL 2546223 (3d Cir. Aug. 28, 2026), and as more fully stated in said Memorandum Order. Signed by Judge Stephanie L. Haines on 10/13/2026. (dlg) (Entered: 10/13/2026)

#17

Oct 19, 2026

RESPONSE to 16 Order, filed by PAMELA JO BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO, U.S. DEPARTMENT OF HOMELAND SECURITY. (Ivory, Michael) (Entered: 10/19/2026)

#18

Oct 21, 2026

ORDER - For the reasons stated above, it is hereby ORDERED as follows: 1) The Petition for Writ of Habeas Corpus, ECF No. 1, is GRANTED to the extent it seeks an individualized bond hearing before an immigration judge. 2) The Government is directed to provide Petitioner with the statutory process required under 8 U.S.C. § 1226(a), which includes a bond hearing. 3) The bond hearing shall include an individualized determination of whether Petitioner poses a danger to the community or a flight risk under the ordinary Section 1226(a) framework. The immigration judge shall state the reasons for the custody determination orally on the record or in writing. If bond is denied, the immigration judge shall identify the principal facts and evidence relied upon in determining that Petitioner poses a danger to the community, a flight risk, or both. Nothing in this Order requires the immigration judge to reach any particular custody determination. 4) The Government shall arrange for an individualized bond hearing to be conducted by an immigration judge within 30 days of the issuance of this Order. 5) If Petitioner is not provided with a bond hearing within 30 days of the issuance of this Order, or if the immigration judge declines jurisdiction or denies eligibility for a bond hearing, Respondents shall immediately release Petitioner from custody. 6) If Petitioner is granted bond and the Government appeals the immigration judge's decision, then, upon notification to this Court, the writ shall issue and Petitioner shall be automatically released from custody. 7) The Motion to Expedite (ECF No. 11 ) is dismissed as moot. 8) With no further action required by the Court at this time, the Clerk of Court shall mark this matter closed, and as more fully stated in said Order. Signed by Judge Stephanie L. Haines on 10/21/2026. (dlg) Modified text on 10/21/2026. (dlg) (Entered: 10/21/2026)

#19

Oct 21, 2026

JUDGMENT - It is hereby ORDERED, ADJUDGED AND DECREED that final judgment is entered pursuant to Rule 58 of the Federal Rules of Civil Procedure in favor of Petitioner and against Respondents. Signed by Judge Stephanie L. Haines on 10/21/2026. (dlg) (Entered: 10/21/2026)