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Habeas Corpus - Alien Detainees | Pennsylvania Middle
Document Filed
Proposed Order by Fabian Orjuela Guevara. 6 First MOTION for Pretrial Conference . (Henry, Michael)
Habeas Corpus - Alien Detainee | Pennsylvania Western
Order
ORDER - For the reasons stated by this Court in Calzado Diaz v. Noem, No. 3:25-cv-458, 2025 WL 3628480 (W.D. Pa. Dec. 15, 2025), vacated as moot, ECF No. 22 (Dec. 17, 2025) ("[T]he Court stresses that the general legal conclusion in the Court's Opinion at ECF No. 16 regarding the application of §§ 1225 and 1226 remain unchanged by this Memorandum Order."), 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) Petitioner's First Motion for Status Conference, ECF No. 7 , is DISMISSED as moot. 3) The Government is directed to provide Petitioner with the statutory process required under 8 U.S.C. § 1226(a), which includes a bond hearing. 4) The bond hearing shall include an individualized determination of whether Petitioner poses a danger to the community or a flight risk under the ordinary § 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. 5) 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. 6) 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 based on Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025), Matter of Q. Li, 29 I&N Dec. 66 (BIA 2025), or the statutory interpretation of Section 1225(b)(2) that this Court has rejected, Respondents shall immediately release Petitioner from custody. 7) If Petitioner is granted bond and the Government appeals the immigration judge's decision on the basis that Petitioner's detention is mandatory under 8 U.S.C. § 1225(b)(2), then, upon notification to this Court, the writ shall issue and Petitioner shall be automatically released from custody. 8) With no further action required by the Court at this time, the Clerk of Court shall mark this matter closed. Signed by Judge Stephanie L. Haines on 8/24/2026. (dlg)
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