Western District of Pennsylvania • 3:26-cv-00255

#1

Feb 16, 2026

First PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-9366410), filed by Kerollos Shaker. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Bishara, Sherif) (Entered: 02/16/2026)

#2

Feb 16, 2026

MOTION for Temporary Restraining Order by Kerollos Shaker. (Attachments: # 1 Proposed Order) (Bishara, Sherif) (Entered: 02/16/2026)

#3

Feb 17, 2026

Case Management Order

#4

Feb 17, 2026

ORDER DENYING 2 Motion for Temporary Restraining Order by KEROLLOS SHAKER. 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, although the 2 Motion includes a document titled "certificate of service," Petitioner's counsel has not, in fact, served anyone. Rather, the document states that Petitioner's counsel "certif[ies] that on 11/10/2025, this was filed in the Western District of Pennsylvania, which effectuates service on the U.S. Attorney's Office." See ECF No. 2 at 11. But that is incorrectsimply filing the 1 Petition and 2 Motion for TRO on the docket does not, in any way, effectuate service on Respondents. Second, counsel has not provided a certification indicating that prompt service cannot be accomplished. In any case, Petitioner argues that the issuance of a TRO without notice to Respondents is appropriate here, because "notice to respondents may result in immediate removal or transfer of Petitioner from the Moshannon Valley ICE Processing Center to another jurisdiction, or removal from the United States, before the Court can rule on the merits of Petitioner's habeas claims." ECF No. 2 at 8. But Petitioner does not set forth any specific facts which suggest his removal from the United States is, in fact, imminent. See ECF No. 2 at 5. Thus, he has not shown a likelihood of immediate, irreparable harm in the absence of a TRO. See Reilly v. City of Harrisburg, 858 F.3d 173, 179 (3d Cir. 2017) (movant must show "that it is more likely than not to suffer irreparable harm in the absence of preliminary relief"); Camacho Lopez v. Lowe, 452 F. Supp. 3d 150, 163 (M.D. Pa. 2020) ("Mere risk of injury is not enough. Rather, the moving party must establish that the claimed harm is imminent and probable.") (citing Anderson v. Davila, 125 F.3d 148 (3d Cir. 1997)). Rather, any risk of irreparable harm is speculative. Furthermore, Congress has vested the Secretary of Homeland Security and his or her delegates, such as U.S. Immigration and Customs Enforcement (ICE), with the authority to detain aliens pending a decision on their removal proceedings, and with the discretion to set the place of detention. 8 U.S.C. §§ 1231(a)(2), (g)(1), 1226(a), (c)(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 outside of this district. Thus, even if Petitioner set forth specific facts showing that his transfer outside of this district was imminentwhich he does notthis Court would still be unable to enjoin Petitioner's transfer outside of this district. Accordingly, IT IS HEREBY ORDERED that the 2 Motion for Temporary Restraining Order is DENIED. Signed by Judge Christy Criswell Wiegand on 2/17/2026. 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: 02/17/2026)

Feb 17, 2026

CLERK'S NOTICE OF CORRECTION re 2 MOTION for Temporary Restraining Order . ERROR: Title of the document does not match the event. CORRECTION FOR FUTURE FILINGS: In future filings, the title of the document should match the title of the event selected. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (tla)

Feb 17, 2026

Order on Motion for TRO

Feb 17, 2026

Judge Christy Criswell Wiegand added. (tla)

Feb 17, 2026

CLERK'S NOTICE OF CORRECTION re 1 Petition for Writ of Habeas Corpus. ERROR: Attorney signature does not comply with requirements, missing attorney email address.Party names entered incorrectly. CORRECTION FOR FUTURE FILINGS: Attorney directed to comply with all requirements of LCvR 5.2(B) in all future filings.Attorney is directed to enter party names correctly as they are listed on the Petition, which includes party text. See the party naming conventions manual on the Court's website at https://www.pawd.uscourts.gov/attorneys. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (tla)

#6

Feb 23, 2026

Appear Pro Hac Vice (for Attorney filers only, Credit Card required)

#7

Feb 23, 2026

ORDER granting 6 Motion for Sherif Bishara to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 2/23/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 02/23/2026)

Feb 23, 2026

Order on Motion to Appear Pro Hac Vice

Feb 23, 2026

CLERK'S NOTICE OF CORRECTION re 6 First MOTION for attorney Sherif Bishara, Esq. to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9380986). ERROR: Attorney signature does not comply with requirements, missing email address and phone number. CORRECTION FOR FUTURE FILINGS: Attorney directed to comply with all requirements of LCvR 5.2(B) in all future filings. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (tla)

#8

Feb 25, 2026

ORDER FOR ADMINISTRATIVE CLOSING. On 2/17/2026, the Court issued a 3 case management order directing Petitioner's counsel to serve respondents with a copy of the 1 Petition and the 3 case management order via email. The 3 order further directed Petitioner's counsel to file a certificate of compliance upon completion of service certifying the date and time of service. To date, no certificate of compliance has been filed. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court is directed to mark this CLOSED. If counsel files a certificate of compliance, this case will be reopened. IT IS FURTHER ORDERED that this Order shall not affect any of the parties' obligations or deadlines related to this case. Signed by Judge Christy Criswell Wiegand 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. (bjw) (Entered: 02/25/2026)

#9

Feb 25, 2026

CERTIFICATE OF SERVICE by Kerollos Shaker re 3 Case Management Order (Bishara, Sherif) (Entered: 02/25/2026)

Feb 25, 2026

Order for Administrative Case Closing

Feb 26, 2026

~Util - Case Reopened AND ~Util - Case Reopened

Feb 26, 2026

~Util - Case Reopened

Feb 26, 2026

Case reopened. Signed by Judge Christy Criswell Wiegand on 2/26/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)

#10

Feb 27, 2026

NOTICE of Appearance by Michael Leo Ivory on behalf of PAMELA BONDI, JOHN DOE, TODD LYONS, KRISTI NOEM. (Ivory, Michael) (Entered: 02/27/2026)

#11

Feb 27, 2026

ORDER AMENDING 3 Case Management Order. The Court has reviewed the Petition and supporting materials, and finds that the threshold issue concerns whether Petitioner is entitled to a bond hearing because he is subject to discretionary detention pursuant to §1226(a) as opposed to mandatory detention pursuant to §1225(b). Based on its prior decisions on this issue, including Gbamoi v. Oddo et al., Civil Action No. 26-cv-108-CCW, ECF No. 10 (W.D. Pa. Feb. 20, 2026) and Orellana Rivas v. Oddo et al., Civil Action No. 26-cv-246-CCW, ECF No. 8 (W.D. Pa. Feb. 23, 2026), the Court tentatively intends to grant the Petition to the extent it requests a bond hearing. Accordingly, IT IS HEREBY ORDERED that the 3 Case Management Order provisions regarding the timing and substance of Respondents' Response to the Petition are amended as follows: If Respondents believe that there are factual or legal differences between this case and the other cases in which the Court has decided the issue, then they shall file a response to the Petition on or before 3/6/26. Responses are limited to 25 pages, double-spaced. If Respondents' positions are the same as in the prior cases in which this issue has been raised and decided by the Court, they shall simply state as much in the 3/6/26 response, cite to any response or brief previously filed on the issue in this Court, and their positions shall be deemed to be incorporated by reference into the record. IT IS FURTHER ORDERED that the provision of the 3 Case Management Order setting a 30 day response time period is hereby VACATED. Signed by Judge Christy Criswell Wiegand on 2/27/2026. 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: 02/27/2026)

Feb 27, 2026

Order