CHILEL-PEREZ v. BLANCHE et al

1
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ALBER CHILEL-PEREZ,
Petitioner,
vs.
ATTORNEY GENERAL TODD BLANCHE
et al,
Respondents,
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)
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)
)
)
)
)
3:26-CV-01802-MJH
ORDER
For the reasons stated by this Court in Deh v. Warden Moshannon Valley Processing Center, et
al., No. 3:26-CV-00738-MJH, 2026 WL 1255947 (W.D. Pa. May 7, 2026) and by the Third Circuit in
Buele Morocho v. Warden Philadelphia FDC, No. 26-1150, 2026 WL 2546223 (3d Cir. Aug. 28, 2026),
the Habeas Petition is GRANTED IN PART, as follows:
Respondents shall cause Petitioner to be taken to a neutral immigration judge of the Executive
Office of Immigration Review for an individualized bond hearing to occur within thirty (30) days of this
order, or else release Petitioner by such date.1 This timeline may be extended by Petitioner upon a motion
to the immigration judge. Respondents shall ensure that the hearing include the required due process,
including, at a minimum, factfinding based upon a record produced before a decisionmaker and disclosed
to Petitioner; an opportunity to make arguments on Petitioner’s behalf; and the right to an individualized
determination of Petitioner’s interests. See Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908,
1 Petitioner requests that the Court order Respondents to carry the burden of proof at any bond hearing, by clear
and convincing evidence. The burden of proof would not shift in this case because Petitioner’s detention (since
September 8, 2026) has not become unreasonably prolonged under German Santos v. Warden Pike Cty. Corr.
Facility, 965 F.3d 203, 210-11 (3d Cir. 2020).
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2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022). Petitioner shall be responsible for securing any necessary
transcripts and record of the bond hearing.
IT IS FURTHER ORDERED that the Petition is DENIED in all other respects. The Clerk of
Court shall mark this case as closed.
BY THE COURT:
DATED: October 13, 2026 	______________________________
Marilyn J. Horan
United States District Judge
Case 3:26-cv-01802-MJH Document 9 Filed 10/13/26 Page 2 of 2