The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
SERKAN GULYER, )
Petitioner,
VS. Civil Action No. 3:25-cv-482
) Judge Stephanie L. Haines
WARDEN OF MOSHANNON VALLEY ) Magistrate Judge Maureen P. Kelly
PROCESSING CENTER, )
Respondent.
MEMORANDUM ORDER
Presently before the Court is a petition for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2241 filed pro se by Serkan Gulyer (“Petitioner”) (ECF No. 1). Petitioner is detained at
Moshannon Valley Processing Center and challenges his mandatory immigration detention
pursuant to 8 U.S.C. § 1225(b)(2)(A) but instead asserts he is subject to detention under 8 U.S.C.
§ 1226(a) which allows him potential release on bond. This matter was referred to Magistrate
Judge Maureen P. Kelly for proceedings in accordance with the Federal Magistrates Act, 28 U.S.
C. § 636, and Local Civil Rule 72.D.
On January 7, 2026, Magistrate Judge Kelly filed a Report and Recommendation (ECF No.
17) recommending that the Petition (ECF No. 1) be conditionally granted requiring Respondent to
provide Petitioner with a substantive bond hearing and that Petitioner should be granted a period
of time to submit a motion for fees and/or costs. ECF No. 17, p. 1. Judge Kelly stated that
Petitioner’s detention under the Board of Immigration and Appeals decision in Matter of Jonathan
Javier Yajure Hurtado, 29 I&N Dec. 216, 228-29 (BIA 2025), that resulted in the mandatory
detention of aliens who entered the United States without inspection, regardless of where they
were apprehended or how long they have been physically present in the United States, has been
soundly rejected by the overwhelming majority of district courts, including this one. ECF No. 17,
p. 5. The Parties were advised they could file objections to the Report and Recommendation by
January 21, 2025. See 28 U.S.C.§ 636 (b)(1)(B) and (C) and Local Civil Rule 72.D.2. Respondent
filed timely objections (ECF No. 18) continuing to argue the merits of Hurtado to the facts of this
case and argues against the Petitioner’s entitlement to move for costs. This Court finds
Respondent’s arguments summarily unavailing. See Calzado Diaz y. Noem, No. 3:25- cv-458,
2025 WL 3628480 (W.D. Pa. Dec. 15, 2025) (Haines, J.), vacated as moot, ECF No. 22 (Dec. 17,
2025) (the legal conclusions in Calzado are unaffected by the mooting of the order due to the
individual facts of Mr. Calzado Diaz's case); 4.D. v. Leonard Oddo et. al., No. CV 25-460J, 2026
WL 101476, at *1 (W.D. Pa. Jan. 14, 2026).
Upon review of the record and the Report and Recommendation (ECF No. 17) pursuant to
Local Civil Rule 72.D.2, the Court will accept in whole the findings and recommendations of
Magistrate Judge Kelly in this matter. Judge Kelly correctly found that Petitioner’s detention is
rightly considered under 8 U.S.C. § 1226(a) and as such he is entitled to a bond hearing.
Accordingly, the following order is entered:
ORDER
AND NOW, this 22nd day of January, 2026, IT IS ORDERED that the petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1) hereby is CONDITIONALLY
GRANTED. Respondent is to provide Petitioner with a substantive bond hearing before a neutral
immigration judge within ten (10) days of this Order; and,
IT IS FURTHER ORDERED that if Petitioner is not provided with a bond hearing by the
timeframe specified, or if the immigration judge declines to conduct a bond hearing based on the
findings in Hurtado, the writ shall issue and Respondents shall immediately release Petitioner from
custody; and
IT IS FURTHER ORDERED that Respondent is to notify the Court within seven (7) days
of the bond hearing it’s results; and
IT IS FURTHER ORDERED that Petitioner is provided ten (10) in which to submit a
motion for fees and/or costs, should he wish to do so; and
IT IS FURTHER ORDERED that Magistrate Judge Kelly’s Report and Recommendation
(ECF No. 17) is adopted as the Opinion of the Court; and,
IT IS FURTHER ORDERED that the Clerk of Court is directed to mark this matter closed.
i Ae fe ni Z et PB
StepHanie L. Haines
United States District Judge