The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
PEDRO ISAAC MARTINEZ, : CIVIL ACTION NO. 1:26-CV-2060
:
Petitioner : (Judge Neary)
:
v. :
:
JESSICA SAGE, FCI Lewisburg :
Warden :
:
Respondent :
MEMORANDUM
Presently before the court is a petition (Doc. 1) for a writ of habeas corpus filed
by petitioner Pedro Isaac Martinez, seeking his release pending removal proceedings.
There is a final order of removal providing that Martinez, a citizen of El Salvador, be
removed to that country, a decision which Martinez has appealed to the Board of
Immigration Appeals (“BIA”). (Doc. 1 ¶¶ 14-16). The Government argues that
Martinez is an “applicant for admission” and so is detained pursuant to 8 U.S.C.
§ 1225(b)(2)(A), which does not provide any mechanism for a detainee’s release. (Doc.
12, 18-32). Martinez argues that his detention must be construed as arising under 8
U.S.C. § 1226(a), which does so provide, because he is not an “applicant for
admission.” (Doc. 13).
The Third Circuit Court of Appeals recently issued a precedential decision on
this exact topic. Gabriel Buele Morocho v. Warden, Philadelphia FDC, et al, Civ. No.
26-1150, --- F.4th ----, 2026 WL 2546223 (3d Cir. Aug. 28, 2026). In that decision, the
court explained the BIA’s rule interpretation—that individuals such as Martinez
were necessarily applicants for admission, as articulated in Matter of Yajure
Hurtado, 29 I & N Dec. 216 (BIA 2025)—was an incorrect interpretation of the
governing statutes. Morocho, 2026 WL 2546223 at *3-*5. The court explained
individuals such as Martinez, who were not “engage[ed] in an ongoing affirmative act
to seek admission to the United States” were not subject to Section 1225(b)(2)(A), but
rather, Section 1226(a). Id. at *4. The government does not argue here, nor are there
facts on the record to support, that Martinez was seeking admission when detained.
Therefore, because Morocho is binding upon this court, the court considers this
petition as arising under Section 1226(a).
In this new light, it is apparent the proper outcome in this matter is for
Martinez to be immediately released from ICE custody. This comports with this
court’s past, pre-Morocho precedent (See e.g., Chaudhari v. Rose, Civ. No. 3:26-CV-
242, 2026 WL 540378 at *6 (M.D. Pa. Feb. 26, 2026) (ordering the release of a prisoner
ostensibly held under Section 1225(b)(2)(A))), and with the result of Morocho, wherein
the Third Circuit affirmed the district courts’ release of the petitioners. Morocho,
2026 WL 2546223 at *10. The court will grant the writ of habeas corpus and require
the government to release petitioner.
An appropriate order shall issue.
/S/ KELI M. NEARY
Keli M. Neary
United States District Judge
Middle District of Pennsylvania
Dated: September 9, 2026