Opinion

Martinez

Court
District Court, M.D. Pennsylvania
Filed
Sep 9, 2026
Cited by
0 cases

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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