Western District of Pennsylvania • 3:26-cv-00350

#1

Mar 02, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-9398002), filed by SODIK TOKHIROV. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Phillips, Daniel) (Entered: 03/02/2026)

#2

Mar 02, 2026

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by SODIK TOKHIROV. (Attachments: # 1 Supplement, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Phillips, Daniel) (Entered: 03/02/2026)

#3

Mar 03, 2026

MOTION for attorney SERGEY RISKO to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9400201) by SODIK TOKHIROV. (Phillips, Daniel) (Entered: 03/03/2026)

#4

Mar 03, 2026

Proposed Order re 2 Motion for TRO, Motion for Preliminary Injunction by SODIK TOKHIROV. (Phillips, Daniel) (Entered: 03/04/2026)

Mar 03, 2026

Judge J. Nicholas Ranjan added. (ert)

Mar 03, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . ERROR: Filer did not attach a Proposed Order as required by LCvR 7. CORRECTION: Filer to submit a proposed order using the Proposed Order event. Filer is to link the Proposed Order to the relevant motion in the event. (ert)

Mar 03, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 3 MOTION for attorney SERGEY RISKO to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9400201). ERROR: Filer did not attach a Proposed Order as required by LCvR 7. And the filing attorney not the attorney requesting pro hac vice admission. CORRECTION: See LCvR 83.2(B) PRO HAC VICE ADMISSIONS. A motion for admission pro hac vice must be made by the attorney seeking to be admitted (using their own login info) and must be accompanied by an affidavit from the attorney seeking to be admitted pro hac vice. Filer to submit a proposed order using the Proposed Order event. Filer is to link the Proposed Order to the relevant motion in the event. (ert)

#5

Mar 04, 2026

Case Management Order

#6

Mar 04, 2026

ORDER denying 2 Motion for Temporary Restraining Order for lack of jurisdiction. Petitioner, a native of Tajikistan, is currently detained at Moshannon Valley Correctional Center, and seeks to enjoin Respondents from transferring him to another detention facility. 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. Similarly, the Court lacks jurisdiction to enjoin Petitioner's removal. 8 U.S.C. §§ 1252(a)(5), 1252(e)(2) (limiting judicial review of removal orders to Courts of Appeals, except for habeas petitions under 8 U.S.C. § 1225(b)(1)); see Xu v. DHS/ICE Off. of Chief Couns., No. 23-CV-839, 2023 WL 4685817, at *2 (W.D. Pa. July 21, 2023) (Horan, J.); Mateo L. A. v. Nielson, No. 19-CV-6609, 2019 WL 1003408, at *2 (D.N.J. Feb. 28, 2019). Accordingly, IT IS HEREBY ORDERED that Petitioner's 2 Motion is DENIED. Signed by Judge J. Nicholas Ranjan on 3/4/2026. 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: 03/04/2026)

Mar 04, 2026

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

#7

Mar 05, 2026

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

#11

Mar 09, 2026

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Mar 12, 2026

Order for Administrative Case Closing