Western District of Pennsylvania • 3:26-cv-00573

#1

Mar 26, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Moshannon Valley ICE Processing Center by Jose Carlos Ortiz Hernandez. (Deputy Clerk KML) [Transferred from California Eastern on 3/30/2026.] (Entered: 03/26/2026)

#2

Mar 26, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Jose Carlos Ortiz Hernandez. (Deputy Clerk KML) [Transferred from California Eastern on 3/30/2026.] (Entered: 03/26/2026)

#3

Mar 26, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/30/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk KML) [Transferred from California Eastern on 3/30/2026.] (Entered: 03/26/2026)

#4

Mar 26, 2026

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Anonymous) [Transferred from California Eastern on 3/30/2026.] (Entered: 03/26/2026)

#5

Mar 26, 2026

MOTION to Dismiss Under Improper Venue by Warden, Moshannon Valley ICE Processing Center. (Attachments: # 1 Ex. 1, # 2 Ex. 2)(Ahmed, Ihsan) Modified on 3/27/2026 (KLY). [Transferred from California Eastern on 3/30/2026.] (Entered: 03/26/2026)

Mar 26, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Jose Carlos Ortiz Hernandez. (Deputy Clerk KML) [Transferred from California Eastern on 3/30/2026.]

Mar 26, 2026

RECEIPT number 200017971 for $5.00 for Jose Carlos Ortiz Hernandez. (Deputy Clerk JAW) [Transferred from California Eastern on 3/30/2026.]

#6

Mar 30, 2026

ORDER signed by District Judge Daniel J. Calabretta on 3/27/2026 TRANSFERRING this matter to United States District Court for the Middle District of Pennsylvania. CASE CLOSED. (Deputy Clerk AMW) [Transferred from California Eastern on 3/30/2026.] (Entered: 03/30/2026)

#7

Mar 30, 2026

Case transferred electronically in from District of California Eastern; Case Number 2:26-cv-01127 containing electronic documents. (ea) (Entered: 03/30/2026)

#8

Mar 30, 2026

ORDER DIRCTING the Clerk of Court to TRANSFER the petition to the Westerm District of PA and CLOSE this case.. Signed by Honorable Julia K Munley on 3/30/26. (sm) (Entered: 03/30/2026)

Mar 30, 2026

SERVICE BY MAIL: 6 Order Case Transferred Out served on Jose Carlos Ortiz Hernandez. (Deputy Clerk AMW) [Transferred from California Eastern on 3/30/2026.]

#9

Mar 31, 2026

Case transferred in from District of Pennsylvania Middle; Case Number 3:26-cv-00817. Original file certified copy of transfer order and docket sheet received. (Entered: 03/31/2026)

Mar 31, 2026

Judge J. Nicholas Ranjan added. (rjr)

#10

Apr 01, 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 Respondents. Respondents' counsel shall file a notice of appearance within 3 days of this date. Respondents shall file any responses or answers to the petition within 30 days of the date of service. Signed by Judge J. Nicholas Ranjan on 4/1/2026. (pak) (Entered: 04/01/2026)

#11

Apr 01, 2026

ORDER DENYING 2 Motion for Temporary Restraining Order for lack of jurisdiction. Petitioner, a native of Guatemala, is currently detained at Moshannon Valley Correctional Center, and seeks to enjoin Respondent(s) 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's 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 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 on Motion for TRO