Western District of Pennsylvania • 3:26-cv-00766

#1

Apr 27, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9532450), filed by Gregorio Garcia Jimenez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G) (Rogers, Peter) Modified text on 4/28/2026 to remove duplicative descriptions. (elt) (Entered: 04/27/2026)

#2

Apr 27, 2026

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Gregorio Garcia Jimenez. (Attachments: # 1 Proposed Order) (Rogers, Peter) (Entered: 04/27/2026)

#3

Apr 27, 2026

BRIEF in Support re 2 Motion for TRO, Motion for Preliminary Injunction filed by Gregorio Garcia Jimenez. (Rogers, Peter) (Entered: 04/27/2026)

#4

Apr 27, 2026

CASE MANAGEMENT ORDER. Petitioner's counsel shall serve Respondents with a copy of this Order and the Petition via e-mail, as specified, and file a notice of compliance. Respondents' counsel shall file a notice of appearance within 3 days of the filing of Petitioner's Certificate of Compliance of Service. Respondents shall file any responses or answers to the petition and motion for preliminary injunction within 7 days of the date of service. Petitioner's reply is due within 5 days of Respondents' responses. Signed by Judge Arthur J. Schwab on 4/27/2026. (lar) (Entered: 04/27/2026)

#5

Apr 27, 2026

TEXT ORDER DENYING Petitioner's 2 Motion for Temporary Restraining Order. The All Writs Act requires necessity, 28 U.S.C. § 1651(a), and here, nothing prevents Petitioner from appealing an immigration court's possible order of removal. The Court will dispose of Petitioner's 1 habeas petition before the resolution of such an appeal, consistent with the Court's 4 April 27, 2026 Case Management Order. Signed by Judge Arthur J. Schwab on 4/27/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lar) (Entered: 04/27/2026)

Apr 27, 2026

Order on Motion for TRO

Apr 27, 2026

CLERK'S NOTICE OF CORRECTION re 1 Petition for Writ of Habeas Corpus. ERROR: Case previously opened in incorrect division. CORRECTION FOR FUTURE FILINGS: Incorrect case has been deleted. All filings are to be made at the instant case. Filer may refer to the court's website here for further information. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (sms)

Apr 27, 2026

Judge Arthur J. Schwab added. (sms)

#6

Apr 28, 2026

CERTIFICATE of Compliance re 4 Case Management Order,, by Peter M. Rogers on behalf of Gregorio Garcia Jimenez (Rogers, Peter) (Entered: 04/28/2026)

#7

Apr 28, 2026

NOTICE of Appearance by Gregory C. Melucci on behalf of TODD BLANCHE, TODD LYONS, BRIAN MCSHANE, MARKWAYNE MULLIN, LEONARD ODDO. (Attachments: # 1 Certificate of Service) (Melucci, Gregory) (Entered: 04/28/2026)

#8

May 01, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by TODD BLANCHE, TODD LYONS, BRIAN MCSHANE, MARKWAYNE MULLIN, LEONARD ODDO. (Attachments: # 1 Certificate of Service) (Melucci, Gregory) (Entered: 05/01/2026)

#9

May 04, 2026

REPLY to 8 Response to Petition for Writ of Habeas Corpus, filed by Gregorio Garcia Jimenez. (Rogers, Peter) (Entered: 05/04/2026)

#10

May 04, 2026

ORDER re 1 Petition for Writ of Habeas Corpus filed by Gregorio Garcia Jimenez. For the reasons stated in Rivera Juarez v. Oddo et al., 3:26-cv-718 (W.D. Pa) (Schwab, J.) (Doc. 10), the Court GRANTS the 1 PETITION FOR WRIT OF HABEAS CORPUS filed by Petitioner GREGORIO GARCIA JIMENEZ and ISSUES the writ on these terms: (1) Respondents shall cause Petitioner to be taken to a neutral immigration judge of the Executive Office of Immigration Review for an individualized bond hearing to occur within 30 days of this Order, or else release Petitioner by such date; (2) Respondents shall ensure that such a hearing include the required due process, i.e., at a minimum, factfinding based on a record produced before the decisionmaker and disclosed to Petitioner; an opportunity to make arguments on the Petitioner's behalf; and the right to an individualized determination of Petitioner's interests. See Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022); and (3) Petitioner shall be responsible for securing the necessary transcripts and record of the bond hearing. The Court further finds that in light of its determination that Petitioner is entitled to an individualized bond hearing pursuant to 8 U.S.C. § 1226(a), it is not necessary to analyze the remaining claims raised by Petitioner in his 1 Section 2241 habeas petition. Finally, the Court finds that Respondents' position was substantially justified in this case, so no fees shall be awarded pursuant to EAJA. Signed by Judge Arthur J. Schwab on 5-4-26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm) (Entered: 05/04/2026)

#11

May 04, 2026

ORDER. In light of this Court's May 4, 2026 10 Order granting Petitioner's Petition for Writ of Habeas Corpus as specified in the 10 Order, Petitioner's 2 Motion for Preliminary Injunction is denied as moot. The Clerk of Court shall administratively CLOSE this case. Signed by Judge Arthur J. Schwab on 5-4-26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm) (Entered: 05/04/2026)

#12

May 04, 2026

Judgment (Rule 58)

May 04, 2026

Order

May 04, 2026

Order on Motion for Preliminary Injunction