3:26-cv-01802•CHILEL-PEREZ v. BLANCHE et al
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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, ) ) ) ) ) ) ) ) ) 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). Case 3:26-cv-01802-MJH Document 9 Filed 10/13/26 Page 1 of 2
2 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
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