Western District of Pennsylvania • 3:26-cv-00028

#1

Jan 08, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-9287526), filed by Ly Van Bo. (Attachments: # 1 Civil Cover Sheet) (Kracoff, Cheryl) (Entered: 01/08/2026)

Jan 09, 2026

Magistrate Judge Maureen P. Kelly added. (ept)

#2

Jan 15, 2026

IT IS HEREBY ORDERED that the Clerk's Office is directed to amend the caption to remove Respondents EXECUTIVE OFFICE FOR IMMIGRATION REVIEW and US DEPARTMENT OF HOMELAND SECURITY as unnecessary and superfluous respondents in this matter. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW and U.S. DEPARTMENT OF HOMELAND SECURITY terminated. Signed by Magistrate Judge Maureen P. Kelly on 1/15/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dad) (Entered: 01/15/2026)

#3

Jan 15, 2026

DEFICIENCY ORDER: On or before 1/29/2026 Petitioner shall provide to this Court five identical hard copies of the Petition and any exhibits thereto for service upon Respondents and the U.S. Attorney for the Western District of Pennsylvania. Alternatively, Petitioner may file a certificate of service of the same upon all Respondents and the U.S. Attorney. Failure to timely comply with this Order may result in dismissal of this case for failure to prosecute. Signed by Magistrate Judge Maureen P. Kelly on 1/15/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dad) (Entered: 01/15/2026)

Jan 15, 2026

Order AND ~Util - Add and Terminate Parties

Jan 15, 2026

Deficiency Order

#4

Jan 20, 2026

CERTIFICATE OF SERVICE by Ly Van Bo (Kracoff, Cheryl) (Entered: 01/20/2026)

#5

Jan 23, 2026

CERTIFICATE OF SERVICE Amended by Ly Van Bo (Kracoff, Cheryl) (Entered: 01/23/2026)

#6

Jan 23, 2026

Temporary Restraining Order

#7

Jan 23, 2026

BRIEF in Support re 6 Motion for TRO filed by Ly Van Bo. (Kracoff, Cheryl) (Entered: 01/23/2026)

#8

Jan 23, 2026

ORDER: Petitioner's 6 Motion for Temporary Restraining Order is DENIED. Petitioner seeks to enjoin transfer outside of the Western District of Pennsylvania. This Court lacks authority to grant that relief as the places of detention for aliens pending removal is left to the discretion of the Attorney General. 8 U.S.C. § 1231(g)(1). See also Sinclair v. Atty Gen., 198 F. Appx 222 n.3 (3d Cir. 2006). Additionally, Petitioner's argument for relief under 8 U.S.C. § 1226(a) is meritless as he, by his own admission, is subject to a final order of removal and therefore is subject to 8 U.S.C. § 1231, not 8 U.S.C. § 1226(a). Finally, Petitioner's request for immediate release goes beyond the "limited nature of a [T.R.O.]" and instead requests "mandatory, affirmative relief[,]" which may not be afforded via a T.R.O. Hope v. Warden York County Prison (Hope I), 956 F.3d 156, 162 (3d Cir. 2020) (finding that where the district court purported to enter an ex parte T.R.O. but directed the release of twenty petitioners, the relief altered the status quo, exceeding the temporary and limited nature of a [T.R.O.]) (citing Granny Goose Foods Inc. v. Brotherhood of Teamsters and Auto Truck Drivers Local, 415 U.S. 423, 439 (1974)). The jurisdiction of this case is returned to the Magistrate Judge for further proceedings.Signed by Judge Stephanie L. Haines on 1/23/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cag) (Entered: 01/23/2026)

Jan 23, 2026

Judge Stephanie L. Haines added. District Judge Stephanie L. Haines presiding and Magistrate Judge Maureen P. Kelly referred. (dmh)

Jan 23, 2026

Order on Motion for TRO

#9

Jan 29, 2026

Habeas Corpus Service

Feb 13, 2026

Order Response/Briefing Schedule