Western District of Pennsylvania • 3:26-cv-00204

#1

Feb 11, 2026

First PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-9357696), filed by LENNI LEONEL SUAREZ ALVAREZ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Bahuriak, David) (Entered: 02/11/2026)

#2

Feb 11, 2026

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by LENNI LEONEL SUAREZ ALVAREZ. (Attachments: # 1 Proposed Order) (Bahuriak, David). Added MOTION for Preliminary Injunction on 2/11/2026 (kss) (Entered: 02/11/2026)

#3

Feb 11, 2026

ORDER: Petitioner's 2 Motion for Temporary Restraining Order, 2 Motion for Preliminary Injunction is DENIED. Petitioner seeks to enjoin transfer outside of the Eastern District of Pennsylvania pending the proceedings in this case. 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: "[t]he 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, it will DENY Petitioner's request for a T.R.O./P.I. as he seeks an injunction preventing his transfer to another facility. The jurisdiction of this case is returned to the Magistrate Judge for further proceedings.Signed by Judge Stephanie L. Haines on 2/11/2026. 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: 02/11/2026)

#4

Feb 11, 2026

CASE MANAGEMENT ORDER: The Court orders as follows: 1. Service. Petitioner's counsel shall serve Respondents with a copy of this order and the Petition via a single e-mail at: usapaw.civ.imm.2241.moshannon@usdoj.gov. The subject line of the email shall contain the case caption and case number of this case. If the Petition contains voluminous exhibits, they need not be emailed. The email service shall be deemed sufficient to accomplish formal service of the Petition. No other documents, pleadings, or motions may be emailed to this email address. 2. Certificate of compliance of service. Upon completion of service via e-mail as reflected in Paragraph 1, Petitioner's counsel shall file a notice of compliance, certifying the date and time of service. 3. Respondents' counsel notice of appearances. Counsel for Respondents shall file a notice of appearance within 3 days of the filing of Petitioner's Certificate of Compliance of Service. 4. Respondents' responses to the petition. Respondents shall file any responses or answers to the petition within 30 days of the date of service. Signed by Judge Stephanie L. Haines on 2/11/2026. (dlg) (Entered: 02/11/2026)

Feb 11, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 1 Petition for Writ of Habeas Corpus. ERROR: Civil Cover Sheet missing the county for the petitioner. CORRECTION: Filer is directed to file the corrected civil cover sheet using the Errata event. (kss)

Feb 11, 2026

Judge Stephanie L. Haines added. (kss)

Feb 11, 2026

Order on Motion for Preliminary Injunction AND Order on Motion for TRO

Feb 11, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction. ERROR: No case number on motion & proposed order. CORRECTION: Filer is directed to file the documents with a corrected case number using the Errata event. (kss)

Feb 11, 2026

CLERK'S NOTICE OF CORRECTION re 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction. ERROR: Multiple relief motion filed requesting only a relief. CORRECTION FOR FUTURE FILINGS: Filer to select all relief types sought when filing the Motion event. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (kss)