govinfo:USCOURTS-pawd-3_26-cv-00978-0

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF PENNSYLVANIA 
 
 ) 
ABDOU KHADE NGOM, ) 
 Petitioner, ) 
 ) Civil No. 26-978 
v. ) 
 ) 
WARDEN OF THE MOSHANNON ) 
VALLEY ICE PROCESSING CENTER, et. al., ) 
 Respondents. ) 
 ) 
 
 
MEMORANDUM OPINION 
 
 Pending now before the court is a Petition for Writ of Habeas Corpus (ECF No. 5) filed 
by Abdou Khade Ngom (“Ngom”). Warden of the Moshannon Valley Ice Processing Center, et. 
al., (collectively, “Respondents”) filed a response in opposition (ECF No. 7). The petition is ripe 
for decision. 
Ngom, a native and citizen of Senegal, asserts that he is subject to discretionary detention 
pursuant to 8 U.S.C. § 1226(a) and not mandatory detention under § 1225(b)(2) and, therefore, 
that he is entitled to a bond hearing. Section 1226 applies to aliens who are “already present in 
the United States[,]” Jennings v. Rodriguez, 583 U.S. 281, 303 (2018), while the mandatory 
detention provision of § 1225 governs detention of “applicants for admission” to the United 
States. Bethancourt Soto v. Soto, No. 25-CV-16200, 2025 WL 2976572, at *2 (D.N.J. Oct. 22, 
2025). The Court of Appeals for the Third Circuit has not addressed this issue. The court joins 
the other judges of this district court in holding that § 1226(a), rather than the mandatory 
detention provision of § 1225(b), applies to aliens similarly situated to Petitioner, who are not 
seeking admission at a port of entry but rather are already present in the country. The court is 

2 
 
aware of the contrary decisions reached by the United States Court of Appeals for the Fifth 
Circuit in Buenrostro-Mendez v. Bondi, 166 F.4th 494 (5th Cir. 2026), and the Eighth Circuit in 
Avila v. Bondi, -- F.4th --, 2026 WL 819258 (8th Cir. March 25, 2026). Petitioner's detention is 
governed by § 1226(a) and the court concludes that he has a statutory right to an individualized 
bond hearing. 
 
Conclusion 
For the reasons set forth above, the Petition for Writ of Habeas Corpus (ECF No. 1) will 
be GRANTED IN PART and DENIED IN PART. It will be GRANTED in that within ten (10) 
days of this Order, Petitioner must receive an individualized bond hearing before a neutral 
immigration judge pursuant to 8 U.S.C. § 1226. Within seven (7) days thereafter, the parties 
shall provide notice to the court of the outcome of the bond hearing. The petition will be 
DENIED to the extent it requests any additional relief. 
 
An appropriate Order will be entered. 
 
Dated: June 12, 2026 BY THE COURT: 
 
 /s/ Joy Flowers Conti 
Joy Flowers Conti 
 Senior United States District Court Judge 

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