Western District of Pennsylvania • 3:26-cv-00065

#1

Jan 20, 2026

First PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number BPAWDC-9306433), filed by JOSE PADILLA VENTURA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order) (Genovese, Sophia) Removed duplicative text. Modified text on 1/20/2026. (tla) (Entered: 01/20/2026)

#2

Jan 20, 2026

First MOTION for attorney Sophia Genovese to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9306488) by Jose Padilla Ventura. (Attachments: # 1 Affidavit, # 2 Exhibit Cert. of Good Standing, # 3 Proposed Order) (Genovese, Sophia) (Entered: 01/20/2026)

#3

Jan 20, 2026

First MOTION for Preliminary Injunction by Jose Padilla Ventura. (Attachments: # 1 Memo of Law, # 2 Proposed Order) (Genovese, Sophia) Memo of Law removed from view and refiled at 4 . Modified text on 1/20/2026. (tla) (Entered: 01/20/2026)

#4

Jan 20, 2026

BRIEF in Support re 3 Motion for TRO filed by JOSE PADILLA VENTURA. (tla) (Entered: 01/20/2026)

#5

Jan 20, 2026

ORDER granting 2 Motion for Sophia Genovese to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 1/20/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 01/20/2026)

#6

Jan 20, 2026

ORDER re 3 MOTION for Temporary Restraining Order by JOSE PADILLA VENTURA. Under Federal Rule of Civil Procedure 65(b)(1), the Court may issue a temporary restraining order without written or oral notice to the adverse party only if (1) "specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition" and (2) "the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Further, pursuant to Section III.C of the undersigned's Practices and Procedures (available at:https://www.pawd.uscourts.gov/sites/pawd/files/Wiegand_Practices_Procedures_2024.pdf), "[c]onsistent with Rule 65, the Court will not issue a temporary restraining order: (1) when the opposing party has been served; (2) when the motion provides no certification indicating that prompt service cannot be accomplished; or (3) when the motion is unaccompanied by an affidavit or verified complaint consistent with Rule 65(b)(1)(A)." Here, counsel for Petitioner has failed to certify in writing either the efforts made to provide notice or reasons why notice should not be given, which is required under Rule 65(b)(1). Accordingly, IT IS HEREBY ORDERED THAT the request for a TRO is DENIED for failure to meet these procedural requirements. In addition, in the Motion for a TRO, Petitioner seeks, among other relief, his immediate release from custody. Given that Petitioner is requesting affirmative relief rather than maintenance of the status quo, Petitioner's request goes beyond the limited, temporary nature of a TRO and requires giving Respondents notice and an opportunity to be heard. See Hope v. Warden York County Prison, 956 F.3d 156, 162 (3d Cir. 2020). Accordingly, IT IS FURTHER ORDERED THAT the Court will DENY the request for a TRO but will review the 3 Motion as a request for a preliminary injunction. IT IS FURTHER ORDERED that Petitioner is directed to serve the 1 Petition, the 3 Motion and this Order on Respondents, including via the United States Attorney's Office for the Western District of Pennsylvania, forthwith, by electronic means or hand delivery, and then file confirmation of service on each Respondent on the docket, forthwith. IT IS FURTHER ORDERED that Respondents shall respond to the Motion for Preliminary Injunction by 1/27/2026. Mr. Ventura's reply, if any, is due by 1/30/2026. The Court will schedule a hearing on the Motion as necessary. Signed by Judge Christy Criswell Wiegand on 1/20/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw) (Entered: 01/20/2026)

Jan 20, 2026

Order on Motion to Appear Pro Hac Vice

Jan 20, 2026

Order

Jan 20, 2026

Judge Christy Criswell Wiegand added. (dmh)

Jan 20, 2026

CLERK'S NOTICE OF CORRECTION re 1 Petition for Writ of Habeas Corpus, 3 First MOTION for Temporary Restraining Order . ERROR: Motion and Memo of Law should have been filed as two separate documents.Party names entered incorrectly. CORRECTION FOR FUTURE FILINGS: Clerk has redocketed the Memo of Law with the correct event.Attorney is directed to enter party names exactly as they are listed on the Petition/Complaint in all future filings. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (tla)

#7

Jan 21, 2026

NOTICE of Appearance by Michael Leo Ivory on behalf of PAMELA BONDI, DAREN K. MARGOLIN, KRISTI NOEM, LEONARD ODDO, MICHAEL T. ROSE. (Ivory, Michael) (Entered: 01/21/2026)

#8

Jan 21, 2026

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by PAMELA BONDI, DAREN K. MARGOLIN, KRISTI NOEM, LEONARD ODDO, MICHAEL T. ROSE. (Ivory, Michael) (Entered: 01/21/2026)

#9

Jan 21, 2026

AFFIDAVIT of Service for Petition served on US Attorney's Office on 1/20/2026, filed by JOSE PADILLA VENTURA. (Attachments: # 1 Exhibit) (Genovese, Sophia) (Entered: 01/21/2026)

#10

Jan 21, 2026

Errata re 7 Notice of Appearance by PAMELA BONDI, DAREN K. MARGOLIN, KRISTI NOEM, LEONARD ODDO, MICHAEL T. ROSE. Reason for Correction: Corrected case. (Ivory, Michael) (Entered: 01/21/2026)

Jan 21, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 7 Notice of Appearance. ERROR: Caption and case number of document does not match case. Signature on document and filer do not match. CORRECTION: Filer is directed to file the document with a corrected caption and case number using the Errata event. Filer advised of signature requirements. (tla)

#11

Jan 27, 2026

RESPONSE to Motion re 3 MOTION for Preliminary Injunction filed by PAMELA BONDI, DAREN K. MARGOLIN, KRISTI NOEM, LEONARD ODDO, MICHAEL T. ROSE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Ivory, Michael) (Entered: 01/27/2026)

#12

Jan 30, 2026

REPLY to Response to Motion re 11 Response to Motion filed by JOSE PADILLA VENTURA. (Attachments: # 1 Exhibit, # 2 Exhibit) (Genovese, Sophia) (Entered: 01/30/2026)

#13

Feb 03, 2026

ORDER GRANTING IN PART 3 Motion for Preliminary Injunction and 1 Petition for Habeas Corpus. Petitioner, a native and citizen of El Salvador, is currently detained at Moshannon Valley Correctional Center. He entered the United States approximately fourteen years ago at an unknown location. Following a traffic stop on December 19, 2025, Petitioner was taken into ICE custody. He now asserts that he is subject to discretionary detention pursuant to § 1226(a) and not mandatory detention under § 1225(b)(2) and therefore that he is entitled to a bond hearing. The Court agrees. Section 1226 applies to aliens who are "already present in the United States[,]" Jennings v. Rodriguez, 583 U.S. 281, 303 (2018), while the mandatory detention provision of § 1225 governs detention of "applicants for admission" to the United States. Bethancourt Soto v. Soto, No. 25-CV-16200, 2025 WL 2976572, at *2 (D.N.J. Oct. 22, 2025). This Court joins the overwhelming majority of District Courts to hold that § 1226(a), rather than the mandatory detention provision of § 1225(b), applies to aliens similarly situated to Petitioner, who are not seeking admission at a port of entry but rather are already present in the Country. See Singh v. Oddo, No. 3:25-cv-00429, 2026 WL 73789, *4 (W.D. Pa. Jan. 9, 2026) (noting "growing consensus"). Here, Petitioner's detention is governed by 1226(a) and he therefore has a statutory right to a bond hearing. In his 3 Motion, Petitioner also seeks an order enjoining Respondents from moving him outside the Western District of Pennsylvania. Congress has vested the Secretary of Homeland Security and his/her delegates, such as U.S. Immigration and Customs Enforcement (ICE) with the authority to detain aliens pending a decision on their removal proceedings. 8 U.S.C. §§ 1231(a)(2), 1226(a), (c)(1). And Congress has vested the Department of Homeland Security (DHS) with the discretion to set the place of detention. 8 U.S.C. § 1231(g)(1); Sinclair v. Att'y Gen., 198 F. App'x 218, 222 n.3 (3d Cir. 2006) (collecting cases). Within DHS' discretion is the authority to transfer aliens from one detention center to another. Calla-Collado v. Att'y Gen., 663 F.3d 680, 685 (3d Cir. 2011). Reading § 1231(g)(1) together with Congress' limitations in 8 U.S.C. § 1252(a)(2)(B)(ii) on federal district courts' jurisdiction to review discretionary actions by DHS, federal district courts have concluded that they lack jurisdiction to review DHS' decisions under § 1231. See, e.g., Jane v. Rodriguez, No. 20-5922, 2020 WL 10140953, *1-2 (D.N.J. May 22, 2020) (citing cases). Consistent with this authority, this Court concludes that it lacks jurisdiction to enjoin Petitioner's transfer. Accordingly, IT IS HEREBY ORDERED that Petitioner's 3 Motion for Preliminary Injunction and 1 Petition for Habeas Corpus are GRANTED IN PART as follows: Respondents must arrange for Petitioner to receive an individualized bond hearing to be conducted by an immigration judge by 2/10/2026 pursuant to 8 U.S.C. § 1226. IT IS FURTHER ORDERED that if Petitioner does not receive a bond hearing by 2/10/2026, or if the immigration judge declines to conduct a bond hearing based on Matter of Yajure Hurtado, Respondents shall immediately release Petitioner from custody. IT IS FURTHER ORDERED that within seven days of the immigration judge's decisions, the parties must file a joint NOTICE on the docket advising the Court of the outcome of the bond hearing. IT IS FURTHER ORDERED that the 3 Motion for Preliminary Injunction and 1 Petition for Habeas Corpus are DENIED in all other respects. The Clerk is directed to mark this case CLOSED. Signed by Judge Christy Criswell Wiegand on 2/3/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw) (Entered: 02/03/2026)

Feb 03, 2026

Order Dismissing Case AND ~Util - Terminate Motions