Western District of Pennsylvania • 3:26-cv-00798

#1

Apr 30, 2026

MOTION for Leave to Proceed in forma pauperis by PABLO DAVID REYES PONCE. (Attachments: # 1 Declaration, # 2 Habeas Petition lodged pending disposition of IFP Motion, # 3 Motion for Appointment of Counsel, # 4 Envelope) (cel) (Entered: 05/01/2026)

Apr 30, 2026

Judge Stephanie L. Haines added. (cel)

#2

Jun 03, 2026

Proceed In Forma Pauperis

#3

Jun 03, 2026

Protective Order

#4

Jun 04, 2026

ORDER denying 3 Motion for Protective Order. The Court construes Petitioner's Motion at ECF No. 3 as a Motion for a Temporary Restraining Order (T.R.O.). So construed, the Motion is DENIED. Petitioner makes certain requests for relief that, if granted, would go beyond the "limited nature of a [T.R.O.]" and would instead constitute "mandatory, affirmative relief[,]" which may not be afforded via a T.R.O. Hope v. Warden York County Prison, 956 F.3d 156, 16162 (3d Cir. 2020) (finding that where the district court purported to enter an ex parte T.R.O. but directed the release of twenty petitioners, the "relief altered the status quo, exceeding the temporary and limited nature of a [T.R.O.]") (citing Granny Goose Foods Inc. v. Brotherhood of Teamsters and Auto Truck Drivers Local, 415 U.S. 423, 439 (1974)). Further, with respect to Petitioner's Motion as a whole, he has failed to provide the Court with any ''specific facts'' showing that ''immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition.'' Fed. R. Civ. P. 65(b)(1)(A). Petitioner's general allegations are insufficient to meet the requirements of Rule 65 and warrant a T.R.O. Therefore, the Court denies Petitioner's Motion at ECF No. 3. Signed by Judge Stephanie L. Haines on 6/4/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nsk) (Entered: 06/04/2026)

Jun 04, 2026

Order on Motion for Protective Order

#5

Jun 09, 2026

TEXT ORDER granting 1 Motion for Leave to Proceed in forma pauperis; denying as moot 2 Motion for Leave to Proceed in forma pauperis. Petitioner's [1-2] Habeas Petition shall be lodged with the Court. Petitioner's Motion to appoint counsel hereby is denied without prejudice as premature. It is well-settled that "[i]ndigent civil litigants possess neither a constitutional nor a statutory right to appointed counsel." Montgomery v. Pinchak, 294 F.3d 492, 498 (3d Cir. 2002). Signed by Judge Stephanie L. Haines on 6/9/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cag) (Entered: 06/09/2026)

#6

Jun 09, 2026

Case Management Order

Jun 09, 2026

Order on Motion for Leave to Proceed In Forma Pauperis AND Order on Motion for Leave to Proceed In Forma Pauperis

#7

Jun 10, 2026

Temporary Restraining Order

#8

Jun 10, 2026

TEXT ORDER: Petitioner's 7 Emergency Motion for Stay of Removal and Detention Transfer, which the Court construes as a Second Motion for Temporary Restraining Order ("T.R.O."), is DENIED. Petitioner seeks to enjoin removal to another country and prevent transfer from Moshannon Valley Detention Center ("MVDC") to another facility, pending the proceedings in this case. This Court lacks authority to grant that relief. Congress has "limited federal district courts' jurisdiction to review decisions or actions made pursuant to the sound discretion of DHS officials[.]" Jane v. Rodriguez, No. CV 20-5922 (ES), 2020 WL 10140953, at *1 (D.N.J. May 22, 2020). 8 U.S.C. § 1252(a)(2)(B)(ii) provides that "no court shall have jurisdiction to review any decision or action of the Attorney General or the Secretary of Homeland Security the authority for which is specified under this subchapter to be in the discretion of the Attorney General or the Secretary of Homeland Security....". See also 8 U.S.C. § 1252(b)(9), 1252(g), and the recent Third Circuit decision in Khalil v. President, United States, No. 25-2162, 2026 WL 111933, at *1 (3d Cir. Jan. 15, 2026) ("Our conclusion about habeas jurisdiction requires us to answer a second question: Did the Immigration and Nationality Act (INA) strip the New Jersey District Court of subject matter jurisdiction? It did. Because the INA channels '[j]udicial review of all questions of law arising from any action taken or proceeding brought to remove an alien from the United States' into a single petition for review filed with a federal court of appeals, we hold that the District Court lacked jurisdiction over Khalil's removal proceedings 8 U.S.C. § 1252(b)(9)"). See Calla-Collado v. Attorney General of U.S., 663 F.3d 680, 685 (3d Cir. 2011) ("Congress has vested the Department of Homeland Security ("DHS") with authority to enforce the nation's immigration laws.). This Court also lacks authority to grant relief as the places of detention for aliens pending removal is left to the discretion of the Attorney General. 8 U.S.C. § 1231(g)(1). See also Sinclair v. Atty Gen., 198 F. Appx 222 n.3 (3d Cir. 2006).Signed by Judge Stephanie L. Haines on 6/10/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cag) (Entered: 06/10/2026)

Jun 10, 2026

Order on Motion for TRO

#9

Jun 11, 2026

ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)

#10

Jul 02, 2026

RESPONSE to 9 Petition for Writ of Habeas Corpus, filed by TODD BLANCHE, F.C.I. LEWISBURG PENITENTIARY, ICE, TODD LYONS, MOSHANNON VALLEY PROCESSING CENTER, MARKWAYNE MULLIN, L. ODDO, J. SAGE. (Irwin, Laura) (Entered: 07/02/2026)

#11

Jul 13, 2026

Order

#12

Jul 28, 2026

NOTICE of Appearance by Laura Schleich Irwin on behalf of TODD BLANCHE, F.C.I. LEWISBURG PENITENTIARY, ICE, TODD LYONS, MOSHANNON VALLEY PROCESSING CENTER, MARKWAYNE MULLIN, L. ODDO, J. SAGE. (Irwin, Laura) (Entered: 07/28/2026)

#13

Jul 28, 2026

NOTICE regarding Petitioner's Third Circuit Litigation by TODD BLANCHE, F.C.I. LEWISBURG PENITENTIARY, ICE, TODD LYONS, MOSHANNON VALLEY PROCESSING CENTER, MARKWAYNE MULLIN, L. ODDO, J. SAGE re 10 Response to Petition for Writ of Habeas Corpus (Irwin, Laura) (Entered: 07/28/2026)