Western District of Pennsylvania • 3:26-cv-00488

#1

Mar 19, 2026

Petition for Writ of Habeas Corpus

#2

Mar 19, 2026

Motion for Miscellaneous Relief

#3

Mar 19, 2026

Motion for Miscellaneous Relief

#4

Mar 19, 2026

Brief in Support of Motion

#5

Mar 24, 2026

Case Management Order

Mar 24, 2026

Add and Terminate Judges

Mar 24, 2026

Judge Christy Criswell Wiegand added. (cel)

#6

Mar 25, 2026

ORDER DENYING 3 Motion for Temporary Restraining Order. In the 3 Motion, pro se Petitioner seeks, inter alia, his immediate release from custody. Given that Petitioner is requesting affirmative relief rather than maintenance of the status quo, Petitioner's request goes beyond the limited, temporary nature of a TRO and requires giving Respondents notice and an opportunity to be heard. See Hope v. Warden York County Prison, 956 F.3d 156, 162 (3d Cir. 2020). Accordingly, IT IS HEREBY ORDERED that the 3 Motion for a Temporary Restraining Order is DENIED. Signed by Judge Christy Criswell Wiegand on 3/25/2026. 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: 03/25/2026)

Mar 25, 2026

Order on Motion for Miscellaneous Relief AND Order on Motion for TRO AND Order on Motion to Stay

#7

Apr 01, 2026

NOTICE of Appearance by Michael Leo Ivory on behalf of DEPARTMENT OF HOMELAND SECURITY, ICE, WARDEN. (Ivory, Michael) This document removed from public view; See corrected document at 9 Errata; Modified text on 4/1/2026. (cel) (Entered: 04/01/2026)

#8

Apr 01, 2026

Extension of Time to File Response/Reply

#9

Apr 01, 2026

Errata re 7 Notice of Appearance by ICE, WARDEN. Reason for Correction: Corrected Civil Action Number. (Ivory, Michael) (Entered: 04/01/2026)

#10

Apr 01, 2026

ORDER GRANTING IN PART and DENYING IN PART 8 Motion for Extension of Time to File Response by Respondents. On 3/24/2026, the Court served the 1 Petition on Respondents via email and ordered Respondents to respond to the 1 Petition by 4/1/2026. See ECF No. 5. Now, in the 8 Motion, Respondents seeks to extend the deadline to respond to the 1 Petition by two weeks, until 4/15/2026, averring that such extension is necessary because of "an administrative error[.]" The Court will grant a 7-day extension of the deadline to respond to the 1 Petition but concludes that a fourteen day extension is too long. Accordingly, IT IS HEREBY ORDERED that the 8 Motion is GRANTED IN PART and Respondents shall respond to the Petition by 4/8/2026. To the extent the 8 Motion seeks a longer extension of the deadline, it is DENIED. No further extensions of the deadline to respond to the 1 Petition will be granted absent extraordinary circumstances. Signed by Judge Christy Criswell Wiegand 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. (bjw) (Entered: 04/01/2026)

Apr 01, 2026

Order on Motion for Extension of Time to File Response/Reply

#11

Apr 08, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by DEPARTMENT OF HOMELAND SECURITY, ICE, WARDEN. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Ivory, Michael) (Entered: 04/08/2026)

#12

Apr 13, 2026

REPLY to 11 Response to Habeas Petition, filed by DAVID ISRAEL MORENO ALVAREZ. (cel) (Entered: 04/14/2026)

#13

Apr 16, 2026

Order

#14

Apr 16, 2026

Judgment (Rule 58)

#15

Apr 16, 2026

ORDER DENYING 2 Emergency Motion to Designate Yasmin Darlene Ayala as Authorized Mailing Contact as MOOT. In light of the Court's order denying the 1 Petition, IT IS HEREBY ORDERED that Petitioner's 2 Emergency Motion to Designate Yasmin Darlene Ayala as Authorized Mailing Contact is DENIED as MOOT. Signed by Judge Christy Criswell Wiegand on 4/16/2026. 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: 04/16/2026)

Apr 16, 2026

Order on Motion for Miscellaneous Relief

#16

Apr 22, 2026

Alter Judgment

#17

Apr 22, 2026

Miscellaneous Relief (Use ONLY if no other relief applies)

#18

Apr 23, 2026

ORDER DENYING 16 Motion to Alter or Amend Judgment by Petitioner. On 4/16/2026, the Court issued an 13 Order denying Petitioner's 1 Petition for Writ of Habeas Corpus and entered judgment in favor of Respondents. See ECF No. 14. Now, in the 16 Motion, Petitioner moves to alter or amend the 13 Order and 14 Judgment pursuant to Federal Rule of Civil Procedure 59(e). Per Fed. R. Civ. P. 59(e), a motion to alter or amend a judgment may be granted where a party can show "(1) an intervening change in the controlling law; (2) the availability of new evidence that was not available when the court [issued the order]; or (3) the need to correct a clear error of law or fact or to prevent manifest injustice." Max's Seafood Cafe v. Quinteros, 176 F.3d 669, 677 (3d Cir. 1999); Adlife Mktg. & Commc'ns Co. v. Karns Prime & Fancy Food, Ltd., No. 21-2074, 2023 WL 179840, at *5 (3d Cir. Jan. 13, 2023). A motion to alter or amend judgment "cannot be used to relitigate old matters, raise argument[,] or present evidence that could have been raised prior to the entry of judgment." Boretsky v. Governor of N.J., 433 F. App'x 73, 78 (3d Cir. 2011) (cleaned up). In the 16 Motion, Petitioner argues the Court failed to consider his argument that his initial arrest following a traffic stop by local law enforcement in Pennsylvania violated the Fourth Amendment of the United States Constitution. The Court finds that Petitioner's Fourth Amendment argument does not warrant amending or altering the 13 Order. The 1 Petition names only the Warden of MVPC, the Department of Homeland Security, and U.S. Immigration and Customs Enforcement as Respondents. Accordingly, any Fourth Amendment challenge to Petitioner's initial stop and arrest by local police is outside the scope of Petitioner's 1 Petition for Writ of Habeas Corpus, and must be asserted in a separate action brought against the local law enforcement officers who arrested Petitioner, not the federal officials who have detained Petitioner. See Rashid v. Trump, 807 F. Supp. 3d 349, 372 (D. Vt. 2025) ("[E]ven if [Petitioner] has stated a claim under the Fourth Amendment, habeas is not an appropriate remedy for an unreasonable seizure."). Therefore, Petitioner's arguments regarding the Fourth Amendment do not warrant amending or altering the Court's 13 Order. Accordingly, it is HEREBY ORDERED that Petitioner's 16 Motion to Alter or Amend Judgment is DENIED. Signed by Judge Christy Criswell Wiegand on 4/23/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw) (Entered: 04/23/2026)

#19

Apr 23, 2026

ORDER DENYING 17 Emergency Motion for Preservation of Evidence by Petitioner. In the 17 Motion, Petitioner asks this Court to, inter alia, "Order Respondents to immediately preserve all evidence related to Petitioner's seizure, arrest, and detention[.]" Petitioner avers that "[t]his request is necessary to prevent the loss or destruction of critical evidence central to Petitioner's... claims arising under the Fourth Amendment." However, Petitioner's arrest was conducted by local law enforcement officers who are not parties in this case, see ECF No. 1 at 7, and Petitioner's Fourth Amendment claims must be brought in a separate lawsuit rather than in this habeas action. See Rashid v. Trump, 807 F. Supp. 3d 349, 372 (D. Vt. 2025) ("[E]ven if [Petitioner] has stated a claim under the Fourth Amendment, habeas is not an appropriate remedy for an unreasonable seizure."). Accordingly, IT IS HEREBY ORDERED that the 17 Motion is DENIED. Signed by Judge Christy Criswell Wiegand on 4/23/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw) (Entered: 04/23/2026)

Apr 23, 2026

Order on Motion for Miscellaneous Relief

Apr 23, 2026

Order on Motion to Alter Judgment