govinfo:USCOURTS-pawd-3_26-cv-01042-0

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IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF PENNSYLVANIA 
 
 
FRANKLIN DAVID PEREZ CARTAGENA, ) 
 ) 
 Petitioner, ) No. 3:26-cv-01042 
) 
 v. ) Chief Judge Cathy Bissoon 
 ) 
LEONARD ODDO, et al., ) 
) 
 Respondents. ) 
 
 
MEMORANDUM ORDER 
Pending before the Court is Petitioner Franklin David Perez Cartagena’s Petition for Writ 
of Habeas Corpus (Doc. 1) (the “Petition” or “Pet.”). Petitioner currently is an immigration 
detainee in the custody of the United States Department of Homeland Security, Immigration and 
Customs Enforcement, at the Moshannon Valley Processing Center in Phillipsburg, 
Pennsylvania. Petitioner alleges an entry date into the United States in or around 2013, and that 
Petitioner has resided continuously in the United States since then. Pet. (Doc. 1) at ¶ 1. 
Petitioner was placed into immigration detention on or around May 11, 2026. Id. There is no 
indication that Petitioner has any criminal convictions. 
The Petition asserts that Petitioner is subject to discretionary detention under 8 U.S.C. 
§ 1226(a) and not mandatory detention under § 1225(b)(2). See id. at ¶¶ 48–55. Respondents 
oppose relief by relying upon decisions by the Courts of Appeals for the Fifth and Eighth 
Circuits to argue that mandatory detention is authorized under § 1225(b)(2)(A). See Resp. 
(Doc. 9) at 6–11. The Court has considered and rejected Respondents’ interpretation of 
§ 1225(b)(2)(A), instead joining the Courts of Appeals for the Second, Sixth and Eleventh 
Circuits in holding that this mandatory detention provision only applies to noncitizens 

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apprehended upon entry into the country or shortly thereafter. See, e.g., Tejeda Perez v. Oddo, 
No. 3:26-cv-00745, Order (Doc. 8), at 5, May 28, 2026; see also Cunha v. Freden, 175 F. 4th 61, 
69, 74–75 (2d Cir. 2026); Lopez-Campos v. Raycraft, Nos. 25-1965/1969/1978/1902, 2026 WL 
1283891, at *2, *4 (6th Cir. May 11, 2026) (slip copy); Hernandez Alvarez v. Warden, Fed. Det. 
Ctr. Miami, No. 25-14065, 2026 WL 1243395, at *13 (11th Cir. May 6, 2026) (slip copy). 
AND NOW, this 17th day of June, 2026, 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 June 
22, 2026. On or before June 29, 2026, Respondents shall provide notice to the Court confirming 
that Petitioner received a compliant bond hearing and apprising the Court of the bond hearing’s 
outcome. The petition is DENIED to the extent it requests any additional relief, without 
prejudice to renewal. 
IT IS SO ORDERED. 
 
 
June 17, 2026 s/Cathy Bissoon 
 Cathy Bissoon 
 Chief United States District Judge 
 
 
cc (via ECF email notification): 
All Counsel of Record 
 
 

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