Western District of Pennsylvania • 3:26-cv-00795

#1

Apr 30, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $5, Receipt Number 111105299), filed by ISAIAS ARRIAZA LAGOS. (Attachments: # 1 Exh 1 - ERO Hearing Information, # 2 Exhibit 2 - Character Letters, # 3 Exhibit 3 - Asylum Application Documents, # 4 Exhibit 4 - Letters and other Exhibits, # 5 Declaration of Isaias Arriaza Lagos) (ibr) (Entered: 04/30/2026)

#2

Apr 30, 2026

MOTION for Temporary Restraining Order filed by Isaias Arriaza Lagos. (ibr) (Entered: 04/30/2026)

#3

Apr 30, 2026

PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: # 1 Notice of Consent) (ibr) (Entered: 04/30/2026)

Apr 30, 2026

Receipt of payment from ISAIAS ARRIAZA LAGOS in the amount of $5.00 for Writ of Habeas Corpus. Transaction posted on 4/30/2026. Receipt number 111105299 processed by AA. (zd)

#4

May 01, 2026

ORDER - it is hereby ORDERED that the Clerk of Court shall TRANSFER this case to the Western District of Pennsylvania. Thereafter, the Clerk of Court shall CLOSE this case. Signed by Honorable Keli M. Neary on 5/1/2026. (mw) (Entered: 05/01/2026)

#5

May 01, 2026

Case transferred in from District of Pennsylvania Middle; Case Number 1:26-cv-01138. Original file certified copy of transfer order and docket sheet received. (Entered: 05/01/2026)

#6

May 01, 2026

TEXT ORDER denying 2 Motion for TRO. Petitioner seeks to enjoin transfer outside of the Commonwealth of Pennsylvania pending the proceedings in this case. This Court lacks authority to grant that 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). 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)(1)(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...." And, in 8 U.S.C. § 1231(g)(1), Congress clearly set forth that: "[t]he Attorney General shall arrange for appropriate places of detention for aliens detained pending removal or a decision on removal." In this way, § 1231(g)(1) establishes that:[T]he place of detention is left to the discretion of the Attorney General. See 8 U.S.C. § 1231(g)(1) ("The Attorney General shall arrange for appropriate places of detention for aliens detained pending removal or a decision on removal."); Gandarillas-Zambrana v. BIA, 44 F.3d 1251, 1256 (4th Cir.1995) ("The INS necessarily has the authority to determine the location of detention of an alien in deportation proceedings... and therefore, to transfer aliens from one detention center to another."); RiosBerrios v. INS, 776 F.2d 859, 863 (9th Cir.1985) ("We are not saying that the petitioner should not have been transported to Florida. That is within the province of the Attorney General to decide."); Sasso v. Milhollan, 735 F.Supp. 1045, 1046 (S.D.Fla.1990) (holding that the Attorney General has discretion over location of detention). Sinclair v. Attorney General of U.S., 198 F. Appx 218, 222 n.3 (3d Cir. 2006). See also 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. Thus, as a part of DHS, ICE 'necessarily has the authority to determine the location of detention of an alien in deportation proceedings and therefore, to transfer aliens from one detention center to another.'") (quoting Gandarillas-Zambrana v. Bd. Of Immigration Appeals, 44 F.3d 1251, 1256 (4th Cir. 1995)). Therefore, because this Court lacks jurisdiction to enjoin Respondents from transferring Petitioner, it will DENY Petitioner's request for a T.R.O. as he seeks to prevent potential transfer to another facility. The Petition for Writ of Habeas Corpus will be addressed in due course. Signed by Judge Stephanie L. Haines on 5/1/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cag) (Entered: 05/01/2026)

#7

May 01, 2026

CASE MANAGEMENT ORDER: The Court orders as follows: 1. Service. The Court hereby notifies Petitioner that copies of this order and the Petition were emailed by the Court to the United States Attorney's Office for the Western District of Pennsylvania this day. This email service is deemed sufficient to accomplish formal service of the Petition on Respondents. 2. Respondents' counsel notice of appearances. Counsel for Respondents shall file a notice of appearance within 3 days of this date. 3. Respondents' response to the petition. The Court has reviewed the petition and supporting materials and finds that the threshold issue concerns whether Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226, or whether he is subject to mandatory detention under 8 U.S.C. § 1225 pursuant to the interpretation set forth in Matter of Q. Li, 29 I. & N. Dec. 66 (BIA 2025) and Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025), and as more fully stated in said Case Management Order. Signed by Judge Stephanie L. Haines on 5/1/2026. (dlg) (Entered: 05/01/2026)

May 01, 2026

Order

May 01, 2026

Judge Stephanie L. Haines added. (tla)

#8

May 04, 2026

NOTICE of Appearance by Michael Leo Ivory on behalf of PAMELA JO BONDI, Field Office Director, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN. (Ivory, Michael) (Entered: 05/04/2026)

#10

May 19, 2026

TEXT ORDER. Respondents filed 9 Response to Petition informing the Court that Petitioner has been granted voluntary departure under safeguards and is ordered to depart from the United States on or before June 1, 2026 (See ECF No. 9). It is a well-established principle that federal courts lack jurisdiction to decide an issue unless it presents a live case or controversy as required by Article III, § 2, of the Const. See Spencer v. Kemna, 523 U.S. 1, 7 (1998). "To invoke the jurisdiction of a federal court, a litigant must have suffered, or be threatened with, an actual injury traceable to the defendant and likely to be redressed by a favorable judicial decision." Burkey v. Marberry, 556 F.3d 142, 147 (3d Cir. 2009) (quoting Lewis v. Contl Bank Corp., 494 U.S. 472, 477 (1990) (citing Allen v. Wright, 468 U.S. 737, 750-51 (1984), and Valley Forge Christian College v. Americans United for Separation of Church & State, Inc., 454 U.S. 464, 471-73 (1982)). "The case or controversy requirement continues through all stages of federal judicial proceedings, trial and appellate, and requires that parties have a personal stake in the outcome." Id. (citing Lewis, 494 U.S. at 477-78). Thus, if developments occur during the litigation that eliminate a petitioner's personal stake in the outcome of a suit or prevent a court from granting effective relief, the case must be dismissed as moot. See id. at 147-48; Keitel, 729 F.3d at 280. Given Petitioner's voluntary departure on or before June 1, 2026, there is no remedy that the Court can provide. Therefore, the Petition and any pending motions are moot. The 1 Petition for Writ of Habeas Corpus is Dismissed with prejudice as moot. The Clerk is to mark CASE CLOSED. Signed by Judge Stephanie L. Haines on 5/19/2026. 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: 05/19/2026)

May 19, 2026

Order AND ~Util - Terminate Civil Case