Western District of Pennsylvania • 3:26-cv-00801

#1

May 05, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5, Receipt Number 111), filed by Franklin Rocael Mejia Perez. (Attachments: # 1 Exhbits, # 2 Declaration) (ea) (Entered: 05/05/2026)

#2

May 05, 2026

PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: # 1 AO 85 Notice & Consent Form) (ea) (Entered: 05/05/2026)

#3

May 05, 2026

MOTION for Temporary Restraining Order by Franklin Rocael Mejia Perez. (ea) (Entered: 05/05/2026)

#4

May 05, 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 5/5/2026. (mw) (Entered: 05/05/2026)

#5

May 05, 2026

Case transferred in from District of Pennsylvania Middle; Case Number 1:26-cv-01203. Original file certified copy of transfer order and docket sheet received. (Entered: 05/05/2026)

May 05, 2026

Judge Marilyn J. Horan added. (sms)

#6

May 07, 2026

Petitioner's 3 Motion for Temporary Restraining Order is DENIED. Petitioner seeks to enjoin transfer outside of the Western District of Pennsylvania. Additionally, Petitioner seeks to enjoin removal proceedings from the United States. This Court lacks authority to grant the requested 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). 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...." In Khalil v. President, United States, No. 25-2162, 2026 WL 111933, at *1 (3d Cir. Jan. 15, 2026), the Third Circuit held that the District Court lacks jurisdiction over any action or proceedings brought to remove an alien from the United States. Therefore, because the Court lacks jurisdiction to enjoin both transfer and removal proceedings, Petitioner's TRO is DENIED. While Petitioners request for TRO is DENIED, the Court is left with a preliminary injunction relative to his detention under 8 U.S.C. § 1225/1226. This Court RESERVES JUDGMENT on the relief requested via a preliminary injunction. IT IS FURTHER ORDERED that Respondents shall respond to the same on the same date that they are required to answer the pending Habeas Petition. Signed by Judge Marilyn J. Horan on 5/7/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjm) (Entered: 05/07/2026)

#7

May 07, 2026

CASE MANAGMENT ORDER. See Order for details. Signed by Judge Marilyn J. Horan on 5/7/2026. (cjm) (Entered: 05/07/2026)

May 07, 2026

Order on Motion for TRO

#10

May 26, 2026

Order