Western District of Pennsylvania • 3:26-cv-00328

#1

Feb 26, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number 300000933), filed by OSCAR DE JESUS PERDOMO-RINCON. (Attachments: # 1 Receipt, # 2 Envelope) (cel) (Entered: 02/26/2026)

#2

Feb 26, 2026

MOTION for Temporary Restraining Order, MOTION for Order to Show Cause by OSCAR DE JESUS PERDOMO-RINCON. (Attachments: # 1 Proposed Order, # 2 Table of Contents, # 3 Tab A, # 4 Tab B, # 5 Tab C, # 6 Tab D, # 7 Tab E, # 8 Tab F, # 9 Tab G, # 10 Envelope) (cel) (Entered: 02/26/2026)

Feb 26, 2026

Judge J. Nicholas Ranjan added. (cel)

#3

Feb 27, 2026

CASE MANAGEMENT ORDER. Copies of this order and the Petition were emailed by the Court to the USAO. This email service is deemed sufficient to accomplish formal service of the Petition on Respondent. Respondent's counsel shall file a notice of appearance within 3 days of this date. Respondent shall file any responses or answers to the petition within 30 days of the date of service. Petitioner's reply is due within 5 days of Respondents' response. Signed by Judge J. Nicholas Ranjan on 2/27/2026. (pak) (Entered: 02/27/2026)

#4

Feb 27, 2026

ORDER re 2 Motion for Temporary Restraining Order and Motion for Order to Show Cause. First, the Court DENIES Petitioner's Motion for a Temporary Restraining Order as to Petitioner seeking to enjoin Respondent(s) from transferring him to another detention facility. Petitioner, a native of Venezuela, is currently detained at Moshannon Valley Correctional Center. 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. Second, the Court DENIES Petitioner's Motion for Order to Show Cause requiring Respondent(s) to show cause why the 1 Petition for Writ of Habeas Corpus should not be granted. The Court construes Petitioner's Motion as invoking 28 U.S.C. § 2243, which provides that "[a] court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto." Section 2243 further provides that "[t]he writ, or order to show cause... shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed." Courts within this Circuit have found that Rule 4 of the Rules Governing Section 2254 and Section 2255 Proceedings ("Habeas Rules"), applicable to § 2241 cases through Rule 1(b) of the Habeas Rules, provides more flexible time limits for ordering an answer and supersedes the time limits of § 2243 to the extent there is a conflict. See Alvierez v. Bondi et al., Civil Action No. 26-532 (JXN), 2026 WL 146013, *1 (D.N.J. Jan. 20, 2026)(collecting cases). This Court agrees. Finally, the Court will review the remaining portions of Petitioner's 2 Motion for Temporary Restraining Order as a request for a preliminary injunction because Petitioner has not met the procedural requirements of a TRO. Specifically, Petitioner is requesting affirmative relief rather than maintenance of the status quo, and therefore Petitioner's request goes beyond the limited, temporary nature of a TRO and requires giving Respondent(s) notice and an opportunity to be heard. Accordingly, IT IS HEREBY ORDERED THAT the request for a TRO is DENIED, and Petitioner and Respondent(s) are directed to the Court's case management order at ECF 3 . Signed by Judge J. Nicholas Ranjan 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. (pak) (Entered: 02/27/2026)

Feb 27, 2026

Order on Motion for TRO AND Order on Motion to Show Cause

#5

Mar 02, 2026

NOTICE of Appearance by Casey Martinez on behalf of FACILITY ADMINSTRATOR, TODD M. LYONS, KRISTI NOEM, MICHAEL T. ROSE. (Martinez, Casey) (Entered: 03/02/2026)

#6

Mar 11, 2026

RESPONSE IN OPPOSITION to 1 Petition for Writ of Habeas Corpus, filed by FACILITY ADMINSTRATOR, TODD M. LYONS, KRISTI NOEM, MICHAEL T. ROSE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Martinez, Casey) (Entered: 03/11/2026)

#7

Mar 12, 2026

ORDER. For the reasons stated in Villagrez v. Bondi, et al., No. 26-72, 2026 WL 545380 (W.D. Pa. Feb. 26, 2026) (Ranjan, J.), the Court GRANTS the 1 habeas petition and ISSUES the writ, on these terms. (1) Respondents shall cause Petitioner to be taken to a neutral immigration judge of the Executive Office of Immigration Review for an individualized bond hearing to occur within 30 days of this order, or else release Petitioner by such date. (2) Respondents shall ensure that such a hearing include the required due process, i.e., at a minimum, factfinding based on a record produced before the decisionmaker and disclosed to Petitioner; an opportunity to make arguments on the Petitioner's behalf; and the right to an individualized determination of Petitioner's interests. See Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022). (3) Petitioner shall be responsible for securing the necessary transcripts and record of the bond hearing. The Court further finds that Respondents' position was substantially justified in this case, so no fees shall be awarded. The Clerk of Court shall administratively CLOSE this case. Signed by Judge J. Nicholas Ranjan on 3/12/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 03/12/2026)

Mar 12, 2026

Order for Administrative Case Closing

#9

Mar 30, 2026

SUPPLEMENT by OSCAR DE JESUS PERDOMO-RINCON to 8 Motion to Enforce, Motion for Immediate Release. Attaching envelope. (cel) (Entered: 03/31/2026)

#8

Mar 31, 2026

Enforce AND Miscellaneous Relief (Use ONLY if no other relief applies)

#10

Apr 01, 2026

ORDER re 8 Motion to Enforce Habeas Corpus Order. Respondents shall file a response to the 8 motion on or before 4/15/2026; any reply by Petitioner due by 4/22/2026. In any event, Mr. Perdomo-Rincon shall submit to the Court by 4/22/2026 the transcript of any bond hearing held as to his removal proceedings. Signed by Judge J. Nicholas Ranjan on 4/1/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 04/01/2026)

Apr 01, 2026

Order AND ~Util - Set Deadlines

Apr 15, 2026

Order on Motion for Miscellaneous Relief AND Order on Motion to Enforce

#15

Apr 30, 2026

Amended Petition for Writ of Habeas Corpus