Case Activity (458)

1. Order | Filed: August 21, 2026 | Entered: August 21, 2026 DIALLO v. ODDO et al

   Habeas Corpus - Alien Detainee | Pennsylvania Western

   Order ~Util - Terminate Civil Case

   MEMORANDUM ORDER GRANTING IN PART AND DENYING IN PART WITHOUT PREJUDICE PETITION FOR WRIT OF HABEAS CORPUS AND CLOSING CASE ON THE DOCKET WITHOUT PREJUDICE AND RETAINING JURISDICTION. IT IS HEREBY ORDERED that Petitioners Petition for Writ of Habeas Corpus, (ECF No. 1 ), is GRANTED IN PART and DENIED IN PART. It is GRANTED in that as soon as practicable, but no later than thirty (30) days from the date of this Order, Petitioner must receive an individualized bond hearing before a neutral immigration judge pursuant to 8 U.S.C. § 1226. If Petitioner is released as a result of the aforementioned individualized bond hearing or otherwise, Respondents are further ORDERED to return to Petitioner any and all funds or property which may have been seized from him at the time of his arrest or which is otherwise in their custody. All other requests in the petition are otherwise DENIED WITHOUT PREJUDICE to the extent Petitioner seeks any additional relief at this time. The Clerk will close the case on the docket without prejudice, and the Court retains jurisdiction over the action and the parties pending further proceedings, as may be appropriate, including interpretation or enforcement of its Orders. Signed by Judge Mark R. Hornak on 8/21/26. (bdb)

2. Order | Filed: August 20, 2026 | Entered: August 20, 2026 Bah v. Oddo et al

   Habeas Corpus - Alien Detainee | Pennsylvania Western

   Order

   ORDER DIRECTING RESPONDENTS TO SHOW CAUSE WHY PETITIONER SHOULD NOT BE GRANTED A BOND HEARING OR RELEASED FORTHWITH DUE TO LENGTH OF DETENTION. The Court has reviewed the Petitioner's petition, which asserts that as of the date of its filing, the Petitioner had been detained for 553 days in ICE custody. The Court recognizes that the Petitioner has pending criminal charges against him in Gordon County, Georgia, for the crimes of Theft By Bringing Stolen Property Into the State and Possession of a Firearm During the Commission of a Crime, which were filed in December 2024. The Petitioner maintains his innocence regarding those charges and has not been convicted of them. Our Court of Appeals has found that the Constitutions Due Process clause affords aliens detained under 1226(c) a bond hearing, at minimum, "once detention becomes unreasonable." German Santos v. Warden Pike Cnty. Corr. Facility, 965 F.3d 203, 210 (3d Cir. 2020). Detention "'becomes more and more suspect' after five months." Id. at 211 (quoting Diop v. ICE/Homeland Sec., 656 F.3d 221, 234 (3d Cir. 2011)); Gayle v. Warden Monmouth Cty. Corr. Inst., 12 F.4th 321, 332 (3d Cir. 2021) (explaining that an "unreasonably long" detention under § 1226(c) "may be six months or more"). Petitioner raised such an argument in ECF No. 2, and the Court noted it in ECF No. 3, all contrary to Respondents assertion in response to ECF No. 3 that "petitioner does not challenge the reasonableness of his detention under German Santos" (ECF No. 7). Therefore, the Court directs the Respondents to, within 14 days of the date of this Order, show cause why the Court should not grant the Petitioner a bond hearing or release forthwith. Signed by Judge Mark R. Hornak on 8/20/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)

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