Western District of Pennsylvania • 1:26-cv-00005

#1

Jan 09, 2026

PETITION for Writ of Habeas Corpus (Verified) (Filing fee $5, receipt number APAWDC-9290699), filed by ERAY TUNCA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B) (Green, Brian) (Entered: 01/09/2026)

Jan 12, 2026

Magistrate Judge Richard A. Lanzillo added. (tla)

#2

Feb 12, 2026

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ERAY TUNCA. (Green, Brian) (Entered: 02/12/2026)

#3

Feb 12, 2026

Temporary Restraining Order

#4

Feb 12, 2026

ORDER OF RECUSAL: Pursuant to 28 U.S.C. § 455, Judge Robert J. Colville recuses himself from the above captioned case. IT IS HEREBY ORDERED that the Clerk of Court is directed to reassign this matter to another member of this Court. Signed by Judge Robert J. Colville on 2/12/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo) (Entered: 02/12/2026)

Feb 12, 2026

Order of Recusal

Feb 12, 2026

Judge Marilyn J. Horan added. (sms)

Feb 12, 2026

Judge Robert J. Colville added to case. Judge Susan Paradise Baxter no longer on case. (sms)

Feb 12, 2026

Judge Susan Paradise Baxter added to case. (sms)

#5

Feb 13, 2026

ORDER: Petitioner's 3 Motion for Temporary Restraining Order is DENIED. Petitioner seeks to enjoin his transfer outside of the Western District of Pennsylvania and to enjoin Respondents from continuing to detain him. 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). Congress has "limited federal district courts' jurisdiction to review decisions or actions made pursuant to the sound discretion of DHS officials[.]" Jane v. Rodriguez, No. CV 20-5922 (ES), 2020 WL 10140953, at *1 (D.N.J. May 22, 2020). 8 U.S.C. § 1252(a)(1)(B)(ii) provides that "no court shall have jurisdiction to review any decision or action of the Attorney General or the Secretary of Homeland Security the authority for which is specified under this subchapter to be in the discretion of the Attorney General or the Secretary of Homeland Security...." And, in 8 U.S.C. § 1231(g)(1), Congress clearly set forth that: "The Attorney General shall arrange for appropriate places of detention for aliens detained pending removal or a decision on removal." In this way, § 1231(g)(1) establishes that:[T]he place of detention is left to the discretion of the Attorney General. See 8 U.S.C. § 1231(g)(1) ("The Attorney General shall arrange for appropriate places of detention for aliens detained pending removal or a decision on removal."); GandarillasZambrana v. BIA, 44 F.3d 1251, 1256 (4th Cir.1995) ("The INS necessarily has the authority to determine the location of detention of an alien in deportation proceedings... and therefore, to transfer aliens from one detention center to another."); RiosBerrios v. INS, 776 F.2d 859, 863 (9th Cir.1985) ("We are not saying that the petitioner should not have been transported to Florida. That is within the province of the Attorney General to decide."); Sasso v. Milhollan, 735 F.Supp. 1045, 1046 (S.D.Fla.1990) (holding that the Attorney General has discretion over location of detention).Sinclair v. Attorney General of U.S., 198 F. Appx 218, 222 n.3 (3d Cir. 2006). Here, Petitioner points to no authority upon which this Court may properly enjoin Respondents from transferring him to another facility. See Calla-Collado v. Attorney General of U.S., 663 F.3d 680, 685 (3d Cir. 2011) ("Congress has vested the Department of Homeland Security ("DHS") with authority to enforce the nation's immigration laws. Thus, as a part of DHS, ICE 'necessarily has the authority to determine the location of detention of an alien in deportation proceedings and therefore, to transfer aliens from one detention center to another.'") (quoting Gandarillas-Zambrana v. Bd. Of Immigration Appeals, 44 F.3d 1251, 1256 (4th Cir. 1995)). Therefore, because this Court lacks jurisdiction to enjoin Respondents from transferring Petitioner or from making a ruling that affects removal proceedings, it will DENY Petitioner's request for a T.R.O. Signed by Judge Marilyn J. Horan on 2/13/2026. 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: 02/13/2026)

#6

Feb 13, 2026

Case Management Order

#7

Feb 13, 2026

CERTIFICATE OF SERVICE by ERAY TUNCA re 6 Case Management Order, (Attachments: # 1 Exhibit A - Service Email) (Green, Brian) (Entered: 02/13/2026)

Feb 13, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 3 Ex Parte MOTION for Temporary Restraining Order . ERROR: Filer did not attach a Proposed Order as required by LCvR 7. CORRECTION: Filer to submit a proposed order using the Proposed Order event. Filer is to link the Proposed Order to the relevant motion in the event.Attorney advised that in future proposed orders are to be made attachments to the main document. (tla)

Feb 13, 2026

Order on Motion for TRO

#8

Feb 18, 2026

NOTICE of Appearance by Michael Leo Ivory on behalf of PAMELA BONDI, MIKE HOLMAN, TODD M. LYONS, BRIAN MCSHANE, KRISTI NOEM. (Ivory, Michael) (Entered: 02/18/2026)

#9

Feb 23, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by PAMELA BONDI, MIKE HOLMAN, TODD M. LYONS, BRIAN MCSHANE, KRISTI NOEM. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Ivory, Michael) (Entered: 02/23/2026)

Feb 23, 2026

CLERK'S NOTICE OF REASSIGNMENT. The 3 Motion for Temporary Restraining Order having been resolved, Judge Marilyn J. Horan no longer assigned to case. Chief Magistrate Judge Richard A. Lanzillo presiding. (sms)

#10

Feb 25, 2026

TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 3/18/2026, the RESPONDENT shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on the court's website. Consent to Jurisdiction by Mag. Judge or electing to have a District Judge assigned due by 3/18/2026. Signed by Chief Magistrate Judge Richard A. Lanzillo on 2/25/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dlh) (Entered: 02/25/2026)

#11

Feb 25, 2026

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by PAMELA BONDI, MIKE HOLMAN, TODD M. LYONS, BRIAN MCSHANE, KRISTI NOEM. (Ivory, Michael) (Entered: 02/25/2026)

Feb 25, 2026

Order for Consent/DJO form