Western District of Pennsylvania • 3:26-cv-00284

#1

Feb 19, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-9375721), filed by JOSE JOEL ORELLANA CRUZ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit NTA) (Yacub, Ivan) (Entered: 02/19/2026)

#2

Feb 19, 2026

MOTION for attorney Ivan Yacub to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9375761) by JOSE JOEL ORELLANA CRUZ. (Attachments: # 1 Affidavit & Certificate, # 2 Proposed Order) (Yacub, Ivan) Link added to Errata filed at 3 . Modified text on 2/20/2026. (kss) (Entered: 02/19/2026)

#3

Feb 20, 2026

Errata re 2 Motion to Appear Pro Hac Vice by JOSE JOEL ORELLANA CRUZ. Reason for Correction: Case number. (Attachments: # 1 Declaration, # 2 Proposed Order) (Yacub, Ivan) (Entered: 02/20/2026)

Feb 20, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 2 MOTION for attorney Ivan Yacub to Appear Pro Hac Vice. ERROR: No case number on documents. CORRECTION: Filer is directed to file the documents with a corrected case number using the Errata event. (kss)

Feb 20, 2026

Judge Stephanie L. Haines added. (kss)

#4

Feb 23, 2026

Errata re 2 Motion to Appear Pro Hac Vice, by JOSE JOEL ORELLANA CRUZ. Reason for Correction: Certificate of Good Standing with seal. (Yacub, Ivan) (Entered: 02/23/2026)

#5

Feb 23, 2026

Case Management Order

Feb 23, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 3 Errata. ERROR: Certificate of Good Standing does not have a seal. CORRECTION: Filer is directed to file the certificate of good standing with a seal using the Errata event. (kss)

#6

Feb 24, 2026

Order on Motion to Appear Pro Hac Vice

#7

Feb 24, 2026

CERTIFICATE of Compliance re 5 Case Management Order, by Ivan Yacub on behalf of JOSE JOEL ORELLANA CRUZ (Yacub, Ivan) (Entered: 02/24/2026)

#8

Feb 25, 2026

NOTICE of Appearance by Paul E. Skirtich on behalf of PAMELA BONDI, KRISTI NOEM, LEONARDO ODDO, CAMILLA WAMSLEY. (Skirtich, Paul) (Entered: 02/25/2026)

#9

Mar 26, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by PAMELA BONDI, KRISTI NOEM, LEONARDO ODDO, CAMILLA WAMSLEY. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Skirtich, Paul) (Entered: 03/26/2026)

#10

Mar 30, 2026

REPLY in Support to 1 Petition for Writ of Habeas Corpus, filed by JOSE JOEL ORELLANA CRUZ. (Yacub, Ivan) Modified text on 3/30/2026 to correct document linkage. (kss) (Entered: 03/30/2026)

Mar 30, 2026

CLERK'S NOTICE OF CORRECTION re 10 Reply. ERROR: Document incorrectly linked. CORRECTION FOR FUTURE FILINGS: Filer advised to link filing to related document(s) in future filings. Clerk added link to appropriate document(s). THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (kss)

#11

Apr 30, 2026

Preliminary Injunction AND Temporary Restraining Order

#12

Apr 30, 2026

TEXT ORDER denying 11 Motion for TRO; denying 11 Motion for Preliminary Injunction. Petitioner seeks the return of Petitioner to the Moshannon Valley Processing Center from his current place of detention at Winn Correctional Center in Louisiana. In other words Petitioner seeks to enjoin transfer outside of the Commonwealth 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."); Gandarillas-Zambrana 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). See also 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 to reverse his transfer to another facility. Additionally, 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)). Petitioner's requests based on the merits of his Petition will be addressed in due course.Signed by Judge Stephanie L. Haines on 4/30/2026. 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: 04/30/2026)

Apr 30, 2026

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

Apr 30, 2026

CLERK'S NOTICE OF CORRECTION re 11 Emergency MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction. ERROR: Document should have been filed as two separate documents. Multiple relief motion filed requesting only a relief. CORRECTION FOR FUTURE FILINGS: Attorney advised that in the future all documents of that nature are to be filed separately. Clerk docketed Brief in Support. 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)

Apr 30, 2026

W/ 11 BRIEF in Support re 11 Motion for TRO, Motion for Preliminary Injunction, filed by JOSE JOEL ORELLANA CRUZ. (kss)

#13

May 01, 2026

Order

#14

May 01, 2026

Judgment (Rule 58)

#15

May 06, 2026

Enforce

#16

May 06, 2026

Proposed Order re 15 Motion to Enforce by JOSE JOEL ORELLANA CRUZ. (Yacub, Ivan) Document removed from public view and refiled at 17 Errata. Modified text on 5/7/2026. (kss) (Entered: 05/06/2026)

May 06, 2026

W/ 15 BRIEF in Support re 15 Motion to Enforce Habeas Corpus Order filed by JOSE JOEL ORELLANA CRUZ. (kss) Link added to Errata filed at 18 . Modified text on 5/7/2026. (kss)

#17

May 07, 2026

Errata re 15 Motion to Enforce, 16 Proposed Order for motion to enforce by JOSE JOEL ORELLANA CRUZ. Reason for Correction: Incorrect spelling of Respondent's name in caption. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order) (Yacub, Ivan) (Entered: 05/07/2026)

#18

May 07, 2026

Errata re Brief in Support of Motion to Enforce, 15 Emergency MOTION to Enforce Habeas Corpus Order by JOSE JOEL ORELLANA CRUZ. Reason for Correction: Incorrect spelling of Respondent's name in caption. (Yacub, Ivan) Modified text on 5/7/2026 to add document linkage. (kss) (Entered: 05/07/2026)

May 07, 2026

CLERK'S NOTICE OF CORRECTION re 15 Emergency MOTION to Enforce Habeas Corpus Order. ERROR: Document should have been filed as two separate documents. CORRECTION FOR FUTURE FILINGS: Attorney advised that in the future all documents of that nature are to be filed separately. Clerk docketed Brief in Support. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (kss)

May 07, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 15 Emergency MOTION to Enforce Habeas Corpus Order, 16 Proposed Order. ERROR: Caption of document does not match case (incorrect respondent listed). CORRECTION: Filer is directed to file the document with a corrected caption using the Errata event. (kss)

#19

May 10, 2026

TEXT ORDER: Petitioner has filed a request asking the Court to facilitate his return to the United States after Respondents allegedly removed him before the bond hearing ordered by this Court. Respondents shall file a response on or before May 18, 2026. The response shall address: (1) the date and country of Petitioners removal; (2) whether Petitioners order of removal was administratively final at the time of removal; (3) the status of any appeal before the Board of Immigration Appeals; (4) the effect, if any, of the immigration judges grant of voluntary departure; (5) the legal authority under which Petitioner was removed; (6) what notice Respondents had of this Courts May 1, 2026 Order and the scheduled May 11, 2026 bond hearing; and (7) whether Respondents can facilitate Petitioners return to the United States if the Court determines that removal was improper. Petitioner may file a reply on or before May 22, 2026. The Court will determine whether a hearing is necessary after reviewing the parties submissions. Signed by Judge Stephanie L. Haines on 5/10/2026. 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: 05/10/2026)

May 10, 2026

Order

#20

May 18, 2026

RESPONSE re 15 Motion to Enforce Habeas Corpus Order, filed by PAMELA BONDI, KRISTI NOEM, LEONARDO ODDO, CAMILLA WAMSLEY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Skirtich, Paul) Modified text on 5/19/2026 to correct document linkage. (kss) (Entered: 05/18/2026)

#21

May 22, 2026

REPLY in Support re 15 Motion to Enforce May 1, 2026 Court Order filed by JOSE JOEL ORELLANA CRUZ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Yacub, Ivan) (Entered: 05/22/2026)

May 26, 2026

Set/Reset Hearings: An Evidentiary Hearing/Status Conference on the 15 Emergency Motion to Enforce is hereby set for 6/3/2026 10:30 AM by Video Conference before Judge Stephanie L. Haines. The Court will conduct the hearing via ZOOM, which requires participants to log in. The Court will provide the login credentials via an email to all counsel in advance of the conference. In the event of any change in circumstances relating to this conference, the parties will be notified via ECF. Trial counsel and all unrepresented parties shall be available for the conference. (cag)

#22

Jun 01, 2026

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

#23

Jun 02, 2026

Order on Motion to Appear Pro Hac Vice

#24

Jun 03, 2026

Minute Entry for proceedings held before Judge Stephanie L. Haines as to JOSE JOEL ORELLANA CRUZ: Court convened for a hearing by zoom at 10:30 AM regarding Petitioner's Emergency Motion to Enforce (ECF No. 15 ). The Court questioned the Parties on the facts of the case as to whether on 5/5/2026 Petitioner had voluntarily departed the United States or had been removed by Respondents despite having a pending appeal with the BIA and an order for a 1226(a) bond hearing that was to happen by 5/11/2026. The Parties presented argument and the case has been fully briefed. The Court took the case under advisement and will issue an order on the Motion in due course. Court adjourned. (Court Reporter: Shirley Hall) (dlg) (Entered: 06/03/2026)

#25

Jun 08, 2026

Memorandum Opinion AND Order

#26

Jun 12, 2026

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Oral Argument held on June 3, 2026, before Judge Stephanie L. Haines. Court Reporter Shirley A Hall, email: shirleyhallrdr@gmail.com. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 6/22/2026. Redaction Request due 7/6/2026. Redacted Transcript Deadline set for 7/13/2026. Release of Transcript Restriction set for 9/10/2026. (sah) (Entered: 06/12/2026)

#27

Jun 15, 2026

STATUS REPORT by PAMELA BONDI, KRISTI NOEM, LEONARDO ODDO, CAMILLA WAMSLEY. (Skirtich, Paul) (Entered: 06/15/2026)

#28

Jun 22, 2026

STATUS REPORT by PAMELA BONDI, KRISTI NOEM, LEONARDO ODDO, CAMILLA WAMSLEY. (Skirtich, Paul) (Entered: 06/22/2026)

#29

Jun 29, 2026

STATUS REPORT of the Respondents by PAMELA BONDI, KRISTI NOEM, LEONARDO ODDO, CAMILLA WAMSLEY. (Skirtich, Paul) (Entered: 06/29/2026)