MARADIAGA SANTOS v. WARDEN MOSHANNON VALLEY CENTER et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
BRYAN MARADIAGA SANTOS, 	)
)
Petitioner, 	) 	No. 3:26-cv-01887
)
v. 	) 	Chief Judge Cathy Bissoon
)
WARDEN MOSHANNON VALLEY 	)
CENTER, et al., 	)
)
Respondents. 	)
MEMORANDUM ORDER
Pending before the Court is Petitioner Bryan Maradiaga Santos’s Petition for Writ of
Habeas Corpus (Doc. 1) (the “Petition” or “Pet.”). Petitioner is an immigration detainee who
filed the present Petition while in the custody of the United States Department of Homeland
Security, Immigration and Customs Enforcement, at the Moshannon Valley Processing Center in
Philipsburg, Pennsylvania.1 Petitioner alleges an entry date into the United States in or around
July 2022, and that Petitioner has continuously resided in the United States since then. See Pet.
(Doc. 1) at 6. Petitioner was placed into immigration detention on or around August 18, 2026.
See id. There is no indication that Petitioner has any criminal convictions.
The Petition asserts that Petitioner is subject to discretionary detention pursuant to 8
U.S.C. § 1226(a) and not mandatory detention under § 1225(b)(2). Doc. 1 at 7–8. Respondents
do not oppose relief, in light of the recent decision by the United States Court of Appeals for the
1 The ICE Online Detainee Locator Service, https://locator.ice.gov/odls/#/search,
indicates that Petitioner currently is detained at Central Louisiana ICE Processing Center.
Transfer outside this district, however, does not deprive the Court of jurisdiction over the
Petition. See Khalil v. President, United States, 164 F. 4th 259, 269-71, 273 (3d Cir. 2026)
(holding that habeas jurisdiction remains with the district of the detainee’s confinement at the
time of filing, regardless of subsequent transfer of the detainee out of the district or amendment
of the petition).
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2
Third Circuit joining the First, Second, Sixth, Seventh, Ninth, Tenth and Eleventh Circuits in
holding that the mandatory detention provision under § 1225(b)(2)(A) only applies to noncitizens
apprehended upon entry into the country or shortly thereafter. See Buele Morocho v. Warden
Phhiladelphia FDC, ___ F.4th ___, No. 26-1150, No. 26-1454, 2026 WL 2546223, at *1–7 (3d
Cir. Aug. 28, 2026); see, e.g., Barbosa da Cunha v. Freden, 175 F.4th 61, 69, 74–75 (2d Cir.
2026), cert. granted sub nom. Rhoney v. Barbosa da Cunha, No. 26-104, 26 WL 2942994 (U.S.
Oct. 1, 2026); Lopez-Campos v. Raycraft, 175 F.4th 713, 721–24 (6th Cir. 2026), petition for
cert. filed, No. 25-1415 (U.S. June 24, 2026); Cirrus Rojas v. Olson, 183 F.4th 909, 931 (7th Cir.
2026); Rodriguez Vazquez v. Bostock, 183 F.4th 1160, 1193 (9th Cir. 2026); Santillan Quiroz v.
Mullin, 180 F.4th 1226, 1236–37 (10th Cir. 2026); Hernandez Alvarez v. Warden, Fed. Det. Ctr.
Miami, 175 F.4th 1258, 1275–76 (11th Cir. 2026).
AND NOW, IT IS HEREBY ORDERED that Petitioner’s Petition for Writ of Habeas
Corpus (Doc. 1) is GRANTED to the extent that it requests a bond hearing in accordance with
8 U.S.C. § 1226(a) and all related provisions of law. Respondents are ORDERED to provide
Petitioner with such a hearing, or release Petitioner, on or before November 8, 2026.
The petition is DENIED to the extent it requests any additional relief without prejudice to
renewal.
IT IS SO ORDERED.
October 9, 2026 	s/Cathy Bissoon
Cathy Bissoon
Chief United States District Judge
cc (via ECF email notification): 	cc (via first class U.S. mail):
All Counsel of Record 	Bryan Maradiaga Santos
A241835169
Moshannon Valley Processing Center
Legal Mail – Open in Presence of Detainee
555 Geo Drive
Philipsburg, PA 16866
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