Western District of Pennsylvania • 3:26-cv-00660

#1

Apr 10, 2026

LODGED PETITION for Writ of Habeas Corpus, filed by Kirman Roberto TORRES TUNKI. (Attachments: # 1 Civil Cover Sheet) (Williams, Ysabel) Modified text on 4/13/2026. (ert) (Entered: 04/10/2026)

#2

Apr 10, 2026

First MOTION for Temporary Restraining Order by Kirman Roberto TORRES TUNKI. (Attachments: # 1 Proposed Order) (Williams, Ysabel) (Entered: 04/10/2026)

#3

Apr 10, 2026

First MOTION for Order to Show Cause by Kirman Roberto TORRES TUNKI. (Attachments: # 1 Proposed Order) (Williams, Ysabel) (Entered: 04/10/2026)

#4

Apr 13, 2026

ORDER denying 2 Motion for TRO Petitioner filed a Motion for a Temporary Restraining Order to enjoin his removal from this district during the pendency of the proceedings on his habeas petition. The Court does not have jurisdiction to grant the requested relief. 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. Atty Gen., 198 F. Appx 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. Atty 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). Nor does the All Writs Act, 28 U.S.C. § 1651, provide the Court with jurisdiction to enjoin transfer. Barrios v. Atty Gen., 452 F. Appx 196, 198 (3d Cir. 2011) (jurisdiction-stripping provision in section § 1252(g) of INA, which is identical to jurisdiction-stripping language of §1252(a)(2)(B)(ii), is not superseded by All Writs Act). Consistent with this authority, this Court concludes that it lacks jurisdiction to enjoin Petitioners transfer. Accordingly, IT IS HEREBY ORDERED that Petitioners [X] Motion is DENIED. Signed by Judge William S. Stickman on 04/13/26. 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: 04/13/2026)

#5

Apr 13, 2026

RECEIPT from Law Offices of Ysabel Williams, LLC. for Filing Fee received on 4/13/2026. Receipt No. 300000997 (ert) (Entered: 04/13/2026)

Apr 13, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 1 Petition for Writ of Habeas Corpus. ERROR: Attorney opened case without paying the filing fee. CORRECTION: Attorney is directed to refile the habeas petition using the event ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required). (ert)

Apr 13, 2026

Judge William S. Stickman added. (ert)

Apr 13, 2026

Order on Motion for TRO

#6

Apr 14, 2026

NOTICE of Appearance by Michael Leo Ivory on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, DAVID O'NEAL, WARDEN. (Ivory, Michael) (Entered: 04/14/2026)

#7

Apr 15, 2026

Order Response/Briefing Schedule

#8

Apr 15, 2026

ORDER DENYING 3 Motion for Order to Show Cause. Petitioner requests an order requiring Respondents to show cause why 1 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 7 Case Management Order requiring Respondents to respond to the Petition on or before 04/22/26, IT IS HEREBY ORDERED that 3 Motion for Order to Show Cause is DENIED. Signed by Judge William S. Stickman on 04/15/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) (Entered: 04/15/2026)

Apr 15, 2026

Order on Motion to Show Cause

#9

Apr 21, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, filed by TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, DAVID O'NEAL, WARDEN. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Ivory, Michael) (Entered: 04/21/2026)

#10

Apr 23, 2026

ORDER. Petitioner filed a 1 Petition for Writ of Habeas Corpus on 04/10/2026, asking the Court to find his detention at the Moshannon Valley Processing Center unlawful and order his release from custody. But on 04/08/2026, in the Immigration Court, Petitioner's application for voluntary departure was granted and he was ordered removed to Mexico "under safeguards." (ECF No. 9-1). The authority to detain him pending his departure as a safeguard is in accordance with 8 C.F.R. §§ 240.25(b) and 1240.26(b)(3)(i). Whether he is subject to detention under either 8 U.S.C. § 1225(b)(2) or 8 U.S.C. § 1226(a) is completely irrelevant at this point. Respondents have informed the Court that Petitioner was deported on 04/16/2026. (ECF No. 9, p. 3; ECF No. 9-2). Consequently, IT IS HEREBY ORDERED that the 1 Petition for Writ of Habeas Corpus is DISMISSED AS MOOT. The Clerk of Court shall mark this CASE CLOSED. Signed by Judge William S. Stickman on 04/23/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rgm) (Entered: 04/23/2026)

Apr 23, 2026

Order AND ~Util - Terminate Civil Case