Western District of Pennsylvania • 3:26-cv-00412

#1

Mar 06, 2026

VERIFIED PETITION FOR WRIT OF HABEAS CORPUS by Eswin Gonzalez-Hernandez against Leonard Oddo, John Rife, Todd M. Lyons, Kristi Noem, Pamela Jo Bondi, pursuant to Title 28, United States Code, Section 2241. Filing Fee $5. Receipt # AWVSDC-9062536. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Proposed Summons as to Leonard Oddo, # 5 Proposed Summons as to John E. Rife, # 6 Proposed Summons as to Todd Lyons, # 7 Proposed Summons as to Krisit Noem, # 8 Proposed Summons as to Pamela Bondi) (cmb) (Entered: 03/06/2026)

#2

Mar 06, 2026

EXPEDITED MOTION by Eswin Gonzalez-Hernandez for Immediate Order to Show Cause and Immediate Order Preventing Removal or Transfer of Petitioners Pending Disposition of Petition. (Attachment: # 1 Proposed Order) (cmb) (Entered: 03/06/2026)

#3

Mar 06, 2026

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED SEPTEMBER 1, 2024. This case is referred to Magistrate Judge Joseph K. Reeder for Findings of Fact and Recommendations for disposition. (cc: counsel of record; any pro se party) (klc) (Entered: 03/06/2026)

#4

Mar 06, 2026

ELECTRONIC SUMMONS ISSUED as to Leonard Oddo, re: 1 Petition for Writ of Habeas Corpus (2241). Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (cmb) (Entered: 03/06/2026)

#5

Mar 06, 2026

ELECTRONIC SUMMONS ISSUED as to John Rife, Todd M. Lyons, Kristi Noem, Pamela Jo Bondi re: 1 Petition for Writ of Habeas Corpus (2241). Summons returnable 60 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 Summons as to Todd Lyons, # 2 Summons as to Krisit Noem, # 3 Summons as to Pamela Bondi) (cmb) (Entered: 03/06/2026)

Mar 06, 2026

CASE assigned to Judge Irene C. Berger. (klc)

Mar 06, 2026

Case Assigned/Reassigned

#6

Mar 09, 2026

SUPPLEMENTAL BRIEF by Eswin Gonzalez-Hernandez in support of 2 EXPEDITED MOTION by Eswin Gonzalez-Hernandez for Immediate Order to Show Cause and Immediate Order Preventing Removal or Transfer of Petitioners Pending Disposition of Petition. (Brown, Sarah) (Entered: 03/09/2026)

#7

Mar 10, 2026

MEMORANDUM OPINION AND ORDER directing that this matter be TRANSFERRED to the Western District of Pennsylvania. Signed by Judge Irene C. Berger on 3/10/2026. (cc: counsel of record; any unrepresented party; Western District of Pennsylvania) (kew) (Entered: 03/10/2026)

#8

Mar 10, 2026

Case transferred in from District of West Virginia Southern; Case Number 2:26-cv-00179. Original file certified copy of transfer order and docket sheet received. (Entered: 03/10/2026)

#9

Mar 10, 2026

ORDER denying 2 Motion for Order to Show Cause Petitioner requests an order requiring Respondents to show cause why the Petition for Writ of Habeas Corpus should not be granted. Petitioner invokes 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. Accordingly, in light of the Court's Case Management Order, which will issue forthwith, requiring Respondents to respond to the Petition within 10 days of service, IT IS HEREBY ORDERED that the Motion for Order to Show Cause is DENIED. The Motion is further denied to the extent that it seeks an order barring the transfer of Petitioner to another facility. It is well establisehd that, 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. Courts have held that the Attorney General's authority to determine the place of detention is not subject to review in district courts. See: Sinclair v. Attorney General of U.S., 198 F. Appx 218, 222 n.3 (3d Cir. 2006). This Court lacks authority to enjoin the transfer of Petitioner. Signed by Judge William S. Stickman on 3/10/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Stickman, William) (Entered: 03/10/2026)

#10

Mar 10, 2026

CASE MANAGEMENT ORDER. Signed by Judge William S. Stickman on 03/10/26. (eca) (Entered: 03/10/2026)

Mar 10, 2026

Order on Motion to Show Cause

Mar 10, 2026

Judge William S. Stickman added. (rjr)

Mar 10, 2026

Add and Terminate Judges

#11

Mar 12, 2026

Notice of Appearance

#12

Mar 12, 2026

Response/Briefing Schedule

Mar 12, 2026

Order Response/Briefing Schedule

#14

Mar 16, 2026

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

#15

Mar 16, 2026

Proposed Order

#16

Mar 16, 2026

Order on Motion to Appear Pro Hac Vice

Mar 16, 2026

Order on Motion to Appear Pro Hac Vice

Mar 16, 2026

Clerk's Request for Corrective Action